Extenuating circumstances
Encyclopedia
In law
, extenuating circumstances in criminal cases are unusual or extreme facts leading up to or attending the commission of the offense which, though an offense has been committed without legal justification or excuse, mitigate or reduce its gravity from the point of view of punishment or moral opprobrium.
According to English procedure, the jury has no power to determine the punishment to be awarded for an offense. The sentence, with certain exceptions in capital cases, is within the sole discretion of the judge
, subject to the statutory prescriptions as to the kind and maximum of punishment. It is common practice for juries to add to their verdict, guilty
or not guilty, a rider recommending the accused to mercy on the ground of grave provocation received, or other circumstances which in their view should mitigate the penalty.
Quite independently of any recommendation by the jury
, the judge is entitled to take into account matters proved during the trial, or laid before him/her after verdict, as a guide to determining the quantum of punishment.
Under French law (Code d'instruction criminelle, art. 345), it is the sole right and the duty of a jury in a criminal case to pronounce whether or not the commission of the offense was attended by extenuating circumstances (circonstances atténuantes). They are not bound to say anything about the matter, but the whole or the majority may qualify the verdict by finding extenuation, and if they do, the powers of the court to impose the maximum punishment are taken away and the sentence to be pronounced is reduced in accordance with the scale laid down in art. 463 of the Code penal. The most important result of this rule in earlier times was to enable a jury to prevent the infliction of capital punishment
for murder (now abolished).
In cases of what is termed "crime passionnel," French juries, when they do not acquit, almost invariably find extenuation; and a like verdict has become common even in the case of cold-blooded and sordid murders.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, extenuating circumstances in criminal cases are unusual or extreme facts leading up to or attending the commission of the offense which, though an offense has been committed without legal justification or excuse, mitigate or reduce its gravity from the point of view of punishment or moral opprobrium.
According to English procedure, the jury has no power to determine the punishment to be awarded for an offense. The sentence, with certain exceptions in capital cases, is within the sole discretion of the judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
, subject to the statutory prescriptions as to the kind and maximum of punishment. It is common practice for juries to add to their verdict, guilty
Guilty
Guilty commonly refers to the feeling of guilt, an experience that occurs when a person believes that they have violated a moral standard.Guilty or The Guilty may also refer to:-Law:*Guilty plea, a formal admission of legal culpability...
or not guilty, a rider recommending the accused to mercy on the ground of grave provocation received, or other circumstances which in their view should mitigate the penalty.
Quite independently of any recommendation by the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
, the judge is entitled to take into account matters proved during the trial, or laid before him/her after verdict, as a guide to determining the quantum of punishment.
Under French law (Code d'instruction criminelle, art. 345), it is the sole right and the duty of a jury in a criminal case to pronounce whether or not the commission of the offense was attended by extenuating circumstances (circonstances atténuantes). They are not bound to say anything about the matter, but the whole or the majority may qualify the verdict by finding extenuation, and if they do, the powers of the court to impose the maximum punishment are taken away and the sentence to be pronounced is reduced in accordance with the scale laid down in art. 463 of the Code penal. The most important result of this rule in earlier times was to enable a jury to prevent the infliction of capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
for murder (now abolished).
In cases of what is termed "crime passionnel," French juries, when they do not acquit, almost invariably find extenuation; and a like verdict has become common even in the case of cold-blooded and sordid murders.
In Academia
In schools, colleges and universities, students are entitled to declare mitigating circumstances if their coursework or exam performance is affected by circumstances beyond their control. This may come about because of a clash in time table or even personal matters. If such circumstances are declared, the examiner can take this into consideration and factor this into their result. Mitigating circumstances are not limited to, but can include:- Ill health
- a serious family emergency
- work commitments (Covering for someone who fell ill, for instance)
- transport difficulties (they arrive late due to a serious accident or cannot attend due to industrial actionIndustrial actionIndustrial action or job action refers collectively to any measure taken by trade unions or other organised labour meant to reduce productivity in a workplace. Quite often it is used and interpreted as a euphemism for strike, but the scope is much wider...
) - bereavement
- Jury service (in common law jurisdictions)
- having to care for someone
- Hospital appointment that clashes with a deadline or examination
- legal problems
- force majeureForce majeureForce majeure or vis major "superior force", also known as cas fortuit or casus fortuitus "chance occurrence, unavoidable accident", is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of...
(only in extreme cases)
See also
- Aggravating circumstanceAggravation (legal concept)Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself."...
- Attendant circumstanceAttendant circumstanceAttendant circumstance is a legal concept which Black's Law Dictionary defines as the "facts surrounding an event."...
- Exigent circumstanceExigent circumstanceAn exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a warrant, or if they have a "knock and announce" warrant, without knocking and waiting for refusal under certain circumstances...
- Canon 1324Canon 1324Canon 1324 of the Code of Canon Law, according to which penalties prescribed in canon law must be diminished or replaced by a penance. The canon does not automatically remove the penalty completely except in cases of latae sententiae excommunication.- Cases to which the canon applies :The...