OTHER MITIGATING FACTORS

• Category: Federal - Jury Instructions - 10th Circuit - Criminal
• State: Multi-State
• Control #: US-JURY-10THCIR-3-10-8
• Format: Word

Description

https://www.ca10.uscourts.gov/sites/default/files/clerk/Jury%20Instructions%20Update%202018.pdf Other Mitigating Factors are conditions or circumstances that may reduce the severity of a penalty or punishment. Generally, these factors are considered when determining the appropriate course of action in a criminal or civil case. They are usually taken into consideration in the sentencing phase, when the court is deciding on the appropriate punishment. Common types of Other Mitigating Factors include: • Mental Illness: When an individual suffering from mental illness commits a crime, the court may take this into account when determining the appropriate punishment. • Intoxication: If an individual was intoxicated at the time of committing a crime, the court may take this into account when determining the appropriate punishment. • Diminished Capacity: If an individual has a diminished capacity due to a disability or a mental health condition, the court may take this into account when determining the appropriate punishment. • Mental Disability: If an individual has a mental disability, the court may take this into account when determining the appropriate punishment. • Duress: If an individual was forced to commit a crime due to threats of violence or some other form of coercion, the court may take this into account when determining the appropriate punishment. • Age: If the individual is a minor (under 18 years of age) or an elderly person, the court may take this into account when determining the appropriate punishment. • Voluntary Surrender: If an individual voluntarily surrenders for a crime they have committed, the court may take this into account when determining the appropriate punishment.

Other Mitigating Factors are conditions or circumstances that may reduce the severity of a penalty or punishment. Generally, these factors are considered when determining the appropriate course of action in a criminal or civil case. They are usually taken into consideration in the sentencing phase, when the court is deciding on the appropriate punishment. Common types of Other Mitigating Factors include: • Mental Illness: When an individual suffering from mental illness commits a crime, the court may take this into account when determining the appropriate punishment. • Intoxication: If an individual was intoxicated at the time of committing a crime, the court may take this into account when determining the appropriate punishment. • Diminished Capacity: If an individual has a diminished capacity due to a disability or a mental health condition, the court may take this into account when determining the appropriate punishment. • Mental Disability: If an individual has a mental disability, the court may take this into account when determining the appropriate punishment. • Duress: If an individual was forced to commit a crime due to threats of violence or some other form of coercion, the court may take this into account when determining the appropriate punishment. • Age: If the individual is a minor (under 18 years of age) or an elderly person, the court may take this into account when determining the appropriate punishment. • Voluntary Surrender: If an individual voluntarily surrenders for a crime they have committed, the court may take this into account when determining the appropriate punishment.