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NON-STATUTORY AGGRAVATING FACTORS

NON-STATUTORY AGGRAVATING FACTORS

Name: NON-STATUTORY AGGRAVATING FACTORS
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Federal - Jury Instructions - 10th Circuit - Criminal

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Multi-State

Control #:

US-JURY-10THCIR-3-09

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https://www.ca10.uscourts.gov/sites/default/files/clerk/Jury%20Instructions%20Update%202018.pdf Non-statutory aggravating factors are those which are not legally prescribed in a statute or other legal document, but which can be used by a court to increase the severity of a penalty. Examples of non-statutory aggravating factors include the severity of the crime, the defendant's prior criminal history, the defendant's lack of remorse, and the victim's vulnerability. Non-statutory aggravating factors can also include the defendant's age, the defendant's mental health, the defendant's lack of remorse, and the lack of provocation from the victim. Other types of non-statutory aggravating factors include the defendant's use of a weapon, the defendant's lack of cooperation, the defendant's disregard for the law, and the presence of any aggravating circumstances such as drug or alcohol use.

Non-statutory aggravating factors are those which are not legally prescribed in a statute or other legal document, but which can be used by a court to increase the severity of a penalty. Examples of non-statutory aggravating factors include the severity of the crime, the defendant's prior criminal history, the defendant's lack of remorse, and the victim's vulnerability. Non-statutory aggravating factors can also include the defendant's age, the defendant's mental health, the defendant's lack of remorse, and the lack of provocation from the victim. Other types of non-statutory aggravating factors include the defendant's use of a weapon, the defendant's lack of cooperation, the defendant's disregard for the law, and the presence of any aggravating circumstances such as drug or alcohol use.

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Mitigating factors are extenuating circumstances that might lead to a reduced sentence. Aggravating factors are circumstances that increase the defendant's culpability and could lead to an enhanced or maximum sentence.

Aggravating factors might include, for example, wilfulness (i.e. doing something intentionally), lack of remorse, effect of the misconduct on the employer, loss of trust, previous warnings etc. Mitigating factors could include remorse, confession, absence of damage or loss, provocation and a clean disciplinary record.

Typical examples of aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, and many others. See also: Mitigating Factor, Criminal Procedure, and the Death Penalty.

What are the 5 mitigating circumstances? Five mitigating circumstances include age, mental state, history of abuse, level of involvement in the crime and lack of criminal record of the defendant. Each of these categories of circumstances can contain many specific factors that result in different levels of mitigation.

Mitigating Factors 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;

States vary in the specific circumstances they define as aggravating factors, but generally include murders committed during the commission of another crime, murders committed for monetary gain, murders of police officers, multiple murders, or other murders considered to be particularly aggravated.

Mitigating factors a greater degree of provocation than normally expected; mental illness or disability; youth or age, where it affects the responsibility of the individual defendant; the fact that the offender played only a minor role in the offence.

Mitigating factors include an ability for the criminal to reform, mental retardation, an addiction to illegal substances or alcohol that contributed to the criminal behavior, and past good deeds, among many others.

More info

(a) Mitigating Factors. Some generally recognized aggravating circumstances include heinousness of the crime, lack of remorse, and prior conviction of another crime.Before the Court at Docket 292 is Defendant John Pearl Smith, II's Motion to Strike. All Non-Statutory Aggravating Factors in Their Entirety. Admissions of the existence of an aggravating factor must be consistent with the provisions of G.S. 15A-1022.1. Consideration of any relevant "nonstatutory aggravating factors. Consideration of any relevant "nonstatutory aggravating factors. One type of aggravating factor that judges commonly consider is if a person has a record of committing similar crimes in the past. Presently, many state statutes. A nonstatutory aggravating circumstance could be anything that reflects negatively on the defendant and his crime.

NON-STATUTORY AGGRAVATING FACTORS

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