Mississippi Demand for Notice of Aggravating and for Disclosure of Evidence Supporting Mitigating Circumstances
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How to fill out Demand For Notice Of Aggravating And For Disclosure Of Evidence Supporting Mitigating Circumstances?
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FAQ
?Mitigating circumstances? are such as do not constitute a justification or excuse of the offense in question, but which, in fairness and mercy, may be considered as extenuating or reducing the degree of moral culpability.
Common mitigating factors include: 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;
Simply put, aggravating factors can increase the severity of a punishment, while mitigating factors can reduce it. Predictably, prosecutors often try to highlight aggravating factors to procure a more severe sentence when trying your case. For example, repeat offenses will usually carry harsher penalties.
Self-defense is a legal defense rather than a mitigating factor, as an act done in justified self-defense is not deemed to be a crime.
Some generally recognized aggravating circumstances include heinousness of the crime, lack of remorse, and prior conviction of another crime. Recognition of particular aggravating circumstances varies by jurisdiction.
Mitigating circumstances might include a significant short-term illness or injury, a long-term or recurring medical or mental health condition, the death or illness of a close family member, acute stress from personal or financial issues, absence for public service (e.g. jury service), or technical issues during an ...
A mitigating circumstance is anything that is used to explain why a defendant should receive a lesser sentence. For example, if an individual with severe combat PTSD attacks another, the fact that they are suffering from a mental illness is considered a mitigating circumstance.
