Criminology Term: Mitigating Circumstance
Mitigating circumstance refers to a factor that can lessen the severity of a crime, thereby reducing the punishment or sentence given to the offender.
These factors are evaluated during criminal trials and sentencing hearings to decide on the suitable punishment for the offense.
Examples of mitigating circumstances comprise mental illness, emotional distress, self-defense, provocation, and absence of criminal intent.
For instance, if a person committed a crime while under the influence of drugs or alcohol, it could be viewed as a mitigating circumstance that could result in a less severe penalty.
Typically, defense lawyers present mitigating circumstances to argue for a lighter sentence or reduced charges on behalf of their clients.
These factors are also assessed by judges and juries during trials to determine the guilt or innocence of the defendant and the appropriate punishment if found guilty.