Felony Judgment Findings of Factors in Aggravation and Mitigation of Punishment: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.
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Mitigating (or extenuating) circumstances are factors that tend to lessen the severity of a crime or its punishment by making the defendant's conduct understandable or less blameworthy. Mitigating circumstances might include a defendant's young age, mental illness or addiction, or minor role in the crime.
Overview. Aggravating circumstances refers to factors that increases the severity or culpability of a criminal act.A mitigating factor is the opposite of an aggravating circumstance, as a mitigating factor provides reasons as to why punishment for a criminal act's ought to be lessened.
Examples of mitigating circumstances in capital cases include the defendant's: lack of a prior criminal record. extreme mental or emotional disturbance at the time of the crime. belief that the crime was justified. role as a minor participant in the crime.
One type of aggravating factor that judges commonly consider is if a person has a record of committing similar crimes in the past. Other aggravating factors might relate to how the crime was committed, including using a weapon or the seriousness of the victim's injuries. Repeat offenses can result in harsher penalties.
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; Circumstances at the time of the offense, such as provocation, stress, or emotional problems that might not excuse the crime but might offer an explanation;
Any fact or circumstance that increases the severity or culpability of a criminal act. Aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, among many others.
Aggravating circumstances refers to factors that increases the severity or culpability of a criminal act. Typically, the presence of an aggravating circumstance will lead to a harsher penalty for a convicted criminal.