Mitigating factors are information or facts that can be presented in court in order to reduce the severity or seriousness of a crime committed or the punishments issued if a defendant is found to be guilty. The function of mitigating factors is so that a judge can consider the various factors that may have influenced a person to commit a crime, such as mental illness or drug addiction. For example, someone who has been prosecuted for drug possession may have their sentence mitigated because they have a medical history of being addicted to certain narcotics.
Mitigating in court is not the same as exculpatory factors, which are used to either prove someone did not commit a crime or to provide a valid justification or excuse as to why someone committed a crime. The judge has the power to decide whether or not mitigating factors can be considered during court hearings.
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Whereas mitigating factors are brought up in court to lessen the severity of a crime, aggravating circumstances are factors that can increase the severity of a crime. Aggravating circumstances include things like repeated offenses, a lack of remorse on behalf of the defendant, committing a crime in front of a child, and the heinousness of the crime. Aggravating factors may lead to harsher sentences. For example, the Supreme Court in Magwood v. Patterson (2010) decided that murdering an on duty sheriff is an aggravating factor that can justify the death penalty.
During court hearings, it is common for attorneys to use a mitigation defense. Here are some of the most common types of mitigating circumstances:
The fact that the defendant only played a minor role in a crime can be used as a mitigating factor. For example, someone who drove another person to a location where a drug deal took place may have their sentence or penalty reduced because they only played the role of driving someone to the drug deal rather than dealing or possessing the drugs.
Sometimes, a defense attorney can use mental illness or impaired capacity as a mitigating factor. For example, a person may have cognitive or mental impairments that render them unable to understand the ramifications of the crime that they committed. In this case, the judge may reduce the penalty because the person lacks the ability to understand their actions.
If the defendant has a difficult personal history, such as having experienced difficult family or childhood circumstances, the judge may decide to mitigate the sentencing. For example, a defense attorney may claim that the defendant only committed a violent act because they were abused as a child. Had the defendant experienced a normal childhood, the attorney may argue that the defendant would never have committed a crime.
Addiction to a substance can also be used as a mitigating factor in a trial. For example, someone who was arrested and charged with possession of opiates may claim that they are addicted to drugs and that this drove them to commit a crime. In this instance, the defense attorney will have to make the case that the defendant's drug addiction is not just an excuse or motivation for committing the crime. Also, the defense attorney may present evidence that the defendant has made an attempt to seek drug rehabilitation as a way to convince the judge to consider drug addiction as a mitigating factor.
Relative necessity is a mitigating factor in which a defendant committed a crime in order to obtain some type of necessary resource to live or to provide for their family. For example, someone may have stolen meat from a grocery store in order to feed his family after recently being laid off from his job. The defense attorney may argue that the defendant only committed the crime to feed his starving family.
An unusual circumstance is a mitigating factor in which someone commits a crime because of a heightened emotion state or because they experienced some type of provocation. For example, someone may lash out and commit a violent act because they were emotionally distraught over having just lost a loved one. In this case, the defense attorney may argue that the defendant only committed the crime because they were experiencing extreme stress.
Victim culpability is a mitigating factor in which the victim voluntarily participated in the crime or did something to provoke or initiate the criminal act. For example, Leon is charged with battery because he got into a fight with Ralph. However, Leon's defense attorney may argue that Ralph initiated the fight and struck Leon first, requiring Leon to defend himself. The term victim precipitation is used to refer to instances where the victim of a crime played a role in leading to the harm that they suffered.
A defense attorney can use the fact that the defendant had no prior criminal record when the crime was committed as a mitigating factor.
Consider the following mitigating factors examples:
Mitigating factors are facts about a crime that can be presented in court in order to reduce the culpability of a crime committed or the punishments issued if a defendant is found to be guilty. In contrast, aggravating circumstances are facts about a crime that make the crime or sentencing more serious or severe. Mitigating circumstances are not the same as exculpatory factors, which are used to show that a person is not guilty of committing a crime. It is up to a judge to determine if certain mitigating factors should be considered in a court case.
There are various mitigating factors that are commonly used in court. For example, a lack of a criminal record on behalf of the defendant may be considered as a mitigating factor; substance abuse and unusual circumstances can be considered as well. Victim culpability is another mitigating factor and is when the victim of a crime initiated or played a voluntary role in the crime. Criminologists use the term victim precipitation to refer to instances where the victim plays an active role in the harm they experience.
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The term mitigate means to lessen in severity. Mitigating circumstances are factors associated with a crime that can lessen the severity of that crime.
Mitigating factors are facts that can be used to decrease the severity of a crime or the sentence someone receives. Aggravating factors are facts that can be used to increase the severity of a crime or the sentence someone receives.
An example of a mitigating factor is drug addiction. A person who is charged with possession of narcotics may have their sentence lessened if they have a history of drug addiction and can provide evidence that they have pursued rehabilitation.
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