| 单词 | mitigating circumstances |
| 释义 | mitigating circumstancesmitigating circumstancesmitigating circumstancesMitigating CircumstancesMitigating Circumstances(circumstances mitigating responsibility), in criminal law, circumstances attending the commission of a crime and indicating that a particular criminal act or the criminal himself is less socially dangerous than would be the case if such circumstances had not existed. A distinction is made between mitigating circumstances that are an inseparable element of a crime and those that are not an element of a specific crime. Examples of the former are seen in the instance of a murder that takes place when the bounds of necessary defense are exceeded or in that of a premeditated murder that is committed in a state of severe mental agitation. Examples of the latter, listed in the Criminal Code of the RSFSR (art. 38), include prevention by the guilty person of harmful consequences of the crime committed and commission of the crime under the influence of a threat or compulsion. The types of mitigating circumstances listed in the law are only intended to be examples. The court may in each specific instance recognize as mitigating circumstances other circumstances revealed during proceedings, such as irreproachable conduct of the accused in the past, military or work honors, or serious illness. If the criminal law sanctions alternatives, then the presence of mitigating circumstances may serve as grounds for assigning the guilty person a milder punishment from among those indicated by the law, such as correctional labor instead of deprivation of freedom, or for applying a punishment that is shorter in duration. The guilty person may even be assigned a different, milder punishment than that provided by law or assigned a punishment below the statutory minimum set as the approved norm in the criminal law. The presence of mitigating circumstances may in some cases serve as grounds for releasing the guilty person from criminal responsibility, the case then being transferred to a comrades’ court or the guilty person released on surety. mitigating circumstancesMitigating CircumstancesCircumstances that may be considered by a court in determining culpability of a defendant or the extent of damages to be awarded to a plaintiff. Mitigating circumstances do not justify or excuse an offense but may reduce the severity of a charge. Similarly, a recognition of mitigating circumstances to reduce a damage award does not imply that the damages were not suffered but that they have been partially ameliorated. In criminal cases where the death penalty may be imposed, the Supreme Court has held that, under the Eighth and Fourteenth Amendments, juries must be instructed that they may consider mitigating circumstances such as the defendant's youth, mental capacity, or childhood abuse so that they may reach a reasoned and moral sentencing decision. (See Penry v. Lynaugh, 492 U.S. 302, 109 S. Ct. 2934, 106 L. Ed. 2d 256 [1989].) Mitigating circumstances may be used to reduce a charge against a defendant. In People v. Morrin, 31 Mich. App. 301, 187 N.W.2d 434 (1971), the Michigan Court of Appeals reversed and remanded Morrin's conviction on first-degree murder charges because he committed the murder in the heat of passion caused by adequate legal provocation. The court found that because of these mitigating circumstances, the evidence was insufficient to support a first-degree murder conviction, which requires malice aforethought. In civil actions mitigating circumstances may be considered to reduce damage awards or the extent of the defendant's liability. In Cerretti v. Flint Hills Rural Electric Cooperative Ass'n, 251 Kan. 347, 837 P.2d 330 (1992), the Supreme Court of Kansas held that a court, in reviewing a damage award, may consider any mitigating circumstances that affected the intent of the defendant, the financial worth of the defendant, or the plaintiff's expenses. Many states allow defendants in Defamation actions to prove mitigating circumstances by showing that they acted in Good Faith, with honesty of purpose, and without malice in speaking or publishing the defamatory words. If the court is convinced that legitimate mitigating circumstances existed, it may reduce the amount of damages the defendant is required to pay. In Roemer v. Retail Credit Co., 44 Cal. App. 3d 926, 119 Cal. Rptr. 82 (1975), the defendant claimed that the plaintiff defaced the wall of his office, thereby mitigating the defendant's liability for defamatory statements. However, the court did not allow the defendant to introduce this evidence because he could not prove that the plaintiff was responsible for the defacement. Cross-referencesCapital Punishment; Criminal Law. mitigating circumstancesn. in criminal law, conditions or happenings which do not excuse or justify criminal conduct, but are considered out of mercy or fairness in deciding the degree of the offense the prosecutor charges or influence reduction of the penalty upon conviction. Example: a young man shoots his father after years of being beaten, belittled, sworn at, and treated without love. "Heat of passion," or "diminished capacity" are forms of such mitigating circumstances. (See: heat of passion, diminished capacity, "twinky" defense) mitigating circumstancessee MITIGATION. |
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