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The rules for weighing factors are as looseygoosey as the rules for finding them are rigid. The rules for weighing factors are as loosey-goosey as the rules for finding them are rigid.18 U.S. Code § 3592 - Mitigating and aggravating factors to be considered in determining whether a sentence of death is justified. The most complete discussion of the CapitalJury Project can be found in WilliamJ. (f) Weighing the Aggravating and Mitigating Factors. (f) Weighing the Aggravating and Mitigating Factors. Friend's physical company for only a few hours during that entire time. The underlying aggravated murder does not factor into the process of weighing aggravating circumstances and mitigating factors. Aggravating and mitigating circumstances, which you should weigh against each other to determine the punishment that you decide. Aggravating and mitigating circumstances, which you should weigh against each other to determine the punishment that you decide.