What are mitigating circumstances for death penalty?
Mitigation, also referred to as “mitigating factors” or “mitigating evidence,” is evidence the defense can present in the sentencing phase of a capital trial to provide reasons why the defendant should not receive a death sentence.
What are potential examples of mitigating factors aggravating circumstances?
- Lack of a prior criminal record.
- Minor role in the offense;
- Culpability of the victim;
- Past circumstances, such as abuse that resulted in criminal activity;
- Circumstances at the time of the offense, such as provocation, stress, or emotional problems that might not excuse the crime but might offer an explanation;
Which court case ruled that jurors are now allowed to consider mitigating and aggravating circumstances when deciding on the death penalty?
Ring v. Arizona
What are the 4 kinds of aggravating circumstances?
Kinds of aggravating circumstances:
- Generic – that which generally applies to all crimes like recidivism.
- Specific – that which applies to a particular felony like cruelty in crimes against persons.
- Qualifying – that which changes the nature of the felony, as treachery in murder.
What are the 3 alternative circumstances?
Alternative circumstances are those which must be taken into consideration as aggravating or mitigating according to the nature and effects of the crime and the other conditions attending its commission. They are the relationship, intoxication and the degree of instruction and education of the offender.
What is ignominy in criminal law?
– A circumstance pertaining to the moral order, which adds disgrace and obloquy to the material injury caused by the crime.
What is treachery in criminal law?
In criminal law, treachery refers to the methods and/or means of committing a crime in relation to the intended target.
What is Nocturnity in criminal law?
Nocturnity is aggravating when it is purposely and deliberately sought by the accused to facilitate the commission of the crime 19 or to prevent their being recognized or to insure unmolested escape.
What is craft in criminal law?
– Involves intellectual trickery and cunning on the part of the accused. – Chicanery resorted to by the accused to aid in the execution of his criminal. design, employed as a scheme in the execution of the crime.
What does craft mean?
1 : skill in making things especially with the hands. 2 : an occupation or trade requiring skill with the hands or as an artist Carpentry is a craft. 3 plural usually craft : a boat especially when of small size.
What is irresistible force in criminal law?
5 Irresistible Force IRRESISTIBLE FORCE – offender uses violence or physical force to compel another person to commit a crime. Elements: 1. The compulsion is by means of physical force.
What is band in criminal law?
That the crime be committed in the night time, or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. Whenever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band.
What is essential for duress to be a valid defense?
The Elements of Duress A defendant may face an imminent threat of death or serious harm through the actions or words of another person. The threat does not need to be explicitly stated. The threat must occur in the present, rather than the past, although sometimes a threat of future harm may support the defense.
What does mental duress mean?
the use of threats or other forms of psychological coercion, done to induce another to act against his or her will. While the law varies between jurisdictions, generally speaking, any agreement is void if it can be shown that mental duress was used in the contracting process. …
Is emotional distress a mental illness?
Diagnosis. There is no clinical diagnosis of emotional distress. Anyone can experience it, and it can be a part of a mental health disorder. It can sometimes be hard to distinguish between emotional distress and depression or anxiety.
What is the difference between mental distress and mental disorder?
Mental distress has a wider scope than the related term mental illness. Mental illness refers to a specific set of medically defined conditions. A person in mental distress may exhibit some of the broader symptoms described in psychiatry, without actually being ‘ill’ in a medical sense.