220 Sentences With "mitigating circumstances"

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Arya's perspective doesn't allow for gray areas or mitigating circumstances.
Those murders seem to have happened under mitigating circumstances, but still.
There are, of course, mitigating circumstances in many of these races.
And the thing is, men pretty much always have mitigating circumstances considered.
Harris' legal team offered no mitigating circumstances or evidence ahead of the sentencing.
By that stage, though, Messi was in no mood to consider mitigating circumstances.
The baseline suspension for domestic violence is six games, with consideration for mitigating circumstances.
There are no mitigating circumstances here or a reasonable argument for showing unusual leniency.
Perhaps there are serious mitigating circumstances for Derulo's disappearance that we're not aware of.
The insurance men think there might be mitigating circumstances that could affect the payout.
The students are focusing on the mental health conditions of those convicted and other mitigating circumstances.
State prosecutors said they would appeal, arguing there had been no mitigating circumstances to give such a sentence.
He was not the first to have trouble with ESTA, but the system seems blind to mitigating circumstances.
But consider some of these mitigating circumstances: Stacey King is on Twitter, so perhaps it's time he follows Giannis.
Many times before, a nation's entire team had missed an Olympics due to mitigating circumstances, often political in nature.
But, the website did mention there were mitigating circumstances that may explain the low numbers for its eighth season premiere.
" Baquet said the Times "must be a humane place that can allow for second chances when there are mitigating circumstances.
Problems in both marriages surface, even as mitigating circumstances emerge that make the playground episode seem much less one-sided.
Birthdays, holidays, trips — these were the mitigating circumstances under which a fat girl could be "bad" in front of others.
On Soccer PARIS — The excuses are there, the mitigating circumstances and the shallow solaces, for those determined to find them.
The contention is merely that the jury should've heard about these mitigating circumstances, which might have spared him a death sentence.
After weighing the aggravating and mitigating circumstances, jurors found him guilty of murder and sentenced him to life imprisonment without parole.
Sometimes we just make up mitigating circumstances, like Rihanna gave him an STD and threw his car keys out the window.
She in effect presents the case for the defense, spelling out the mitigating circumstances that would tend to justify Lizzie's actions.
In fact, five out of six charges against him were dropped because of "mitigating circumstances," namely, no actual harm to the patient.
Some federal judges have expressed frustration with the guidelines because they potentially hamstring jurists and do not take into account mitigating circumstances.
There's only so long that fans can be fobbed off with mitigating circumstances, and sometimes supporters need to hear the hard truths.
South African law sets 15 years as the recommended minimum for murder, but it can be lower if there are mitigating circumstances.
The state sentencing guidelines indicate 22 to 36 months in prison, plus or minus 12 months because of aggravating or mitigating circumstances.
During death penalty trials, the defense focuses on proving mitigating circumstances to convince a jury not to impose the death penalty, Hornsby said.
According to the BBC, the usual 15-year sentence for murder was not used due to mitigating circumstances, such as his rehabilitation and remorse.
Of the 28, 10 did not have sufficient mitigating circumstances to justify the length of time it took to investigate them, the report said.
After a brisk back-and-forth of previous convictions and mitigating circumstances (a baby on the way, a job), bail was set at $2100,000.
" He added: "I also believe that The Times must be a humane place that can allow for second chances when there are mitigating circumstances.
They will instead focus on proving mitigating circumstances, such as extreme mental duress, that could persuade a single juror to block a death sentence.
We want to peel women apart until we uncover the totally unjustifiable monster with no context or history or human reasons or mitigating circumstances.
"The Sudanese authorities must quash this grossly unfair sentence and ensure that Noura Hussein gets a fair retrial that takes into account her mitigating circumstances."
In most cases, because of what the league calls mitigating circumstances, players involved in domestic abuse cases have been suspended for two or three games.
That sentence, in isolation, might sound bad, but there are some mitigating circumstances that might suggest this October surprise doesn't have much heft behind it.
During Pistorius' sentencing for murder, the trial judge cited mitigating circumstances for a lesser punishment, saying Pistorius was genuinely remorseful and a good candidate for rehabilitation.
State prosecutors led by advocate Andrea Johnson had told the appeals hearing this month that there were no mitigating circumstances to justify Pistorius' six-year sentence.
This means that a person can be denied an occupational license irrespective of the crime's relevance to the job, or even whether there are mitigating circumstances.
" He found that Thompson's youth and inexperience with anti-doping rules were "relevant mitigating circumstances in the case of a young athlete with no available informed guidance.
According to the insider, Watts feels that he was unable to explain some of the mitigating circumstances of what happened on the night he killed his family.
"When they fight this, they're going to give a lot more nuance and mitigating circumstances that will help put their alleged actions into context," the source said.
His defense argued that his disability and mental stress that occurred in the aftermath of the killing should be considered as mitigating circumstances to reduce his sentence.
"When they fight this, they're going to give a lot more nuance and mitigating circumstances that will help put their alleged actions into context," the source says.
And that means that the consideration of mitigating circumstances and other issues that could create a problem in the long term will not be at the forefront.
According to Cox, ICE could have used "prosecutorial discretion" to halt a deportation order based on "mitigating circumstances," but the agency chose to go forward with Leal's removal.
" When you ask people to consider intent and mitigating circumstances, that can sound like, "Well, even if they did real harm, it wasn't that big of a deal.
Barring mitigating circumstances such as long-term health issues and injuries, the main thing putting many of them off is no doubt the relative paucity of money on offer.
Their relationship has previously been obscured by carnal desire and mitigating circumstances, but with this episode, we see how much they appeal to each other on a character level.
The exchange's disciplinary committee also criticized Hexagon for not informing markets in its statement of how it intended to address the situation, though also it also cited mitigating circumstances.
At Thursday's sentencing, Judge Robert Fremr said there were no real mitigating circumstances and issued the 30-year sentence, the longest handed down by the Hague court to date.
ROME (Reuters) - Italian Prime Minister Giuseppe Conte on Thursday criticized judges who granted mitigating circumstances to murderers of women on the grounds they were blinded by jealousy or disappointment.
Emotionally, Mundt's paintings are an expression of all the mitigating circumstances these young women athletes have faced — nationalist, sexist, and technocratic obstacles that underpin the very sport they represent.
"There are no mitigating circumstances where you can blow off a 20-something who comes in with a lump but has no known family history of the disease," she says.
Just as with the criminal justice system, we have to make room for people who have made mistakes and we have to take their pasts and mitigating circumstances into consideration.
So if a noncitizen who served in the U.S. military is convicted of an aggravated felony, they will most likely be deported, despite their service or any other mitigating circumstances.
Judge Rakoff is a well-known critic of federal sentencing guidelines, which often suggest long prison terms for a defendant that can limit a jurist's ability to consider mitigating circumstances.
They said I wouldn't get a custodial sentence because it was my first offense, I'd always had a high-profile job, and there were mitigating circumstances—I was an addict.
Nor is this a story about the death penalty, per se—even though death penalty supporters would be hard-pressed to argue that Williams didn't commit his crimes under mitigating circumstances.
A constitutional amendment allowing the forfeiture of a pension following a felony conviction, with a judge allowed to weigh mitigating circumstances, would cause potential lawbreakers to think twice before committing the crime.
There were perhaps some mitigating circumstances to his poor performance, not least his injury, but also his split with long-time trainer Brendan Ingle and his increased commitment to his Islamic faith.
Wolf says that unlike his fictional "Law & Order" shows, "The Menendez Murders" has an agenda and will explore the molestation allegations that he believes should have been considered mitigating circumstances at trial.
After failing to reach a verdict on Thursday night, they began anew on Friday, finding enough mitigating circumstances to convict Van Dyke of second- rather than first-degree murder, jurors told reporters.
The sentencing request came six days after Caspersen's lawyers said the Princeton University and Harvard Law School graduate's gambling addiction and efforts to rehabilitate himself were among the "powerful mitigating circumstances" justifying leniency.
Although Ms. Gatto and her client believed that elements of the case were weak and that there were strongly mitigating circumstances, Mr. Issa concluded that the risk of going to trial was too high.
In Florida, where 347 people are on death row after an execution on Thursday night, state law spells out a roster of aggravating factors and mitigating circumstances that jurors may consider in capital cases.
As such, the decision to grant clemency for Manning may have more to do with the mitigating circumstances of her mental health, as opposed to the public interest or responsibility of the information she disclosed.
But company executives have explained to debt investors that such a number doesn't factor in a number of mitigating circumstances: ■ About $4 billion of that is investment-grade long-term debt that sits at VMware.
The court cited mitigating circumstances while explaining its ruling on Cufurovic, who had used the name Abu Kasim Albosni during his five years in Syria, where he took part in militant activities alongside other Bosnians.
Allies of Tarkanian say there are mitigating circumstances in those losses: 2006 was a Democratic wave year, the district he ran in in 2012 was Democratic leaning, and Democrats swept the state in 2016, up and down the ticket.
While he admits that Khan's tenure has been anything but smooth sailing, Sammy points to mitigating circumstances, not least the vaguely shabby state in which he found the club and the fact that he has spent considerable sums since.
New Zealand referee Ben O'Keefe referee had a long discussion with South African TMO Marius Jonker before ruling that although North was low to the ground, there were "no mitigating circumstances" that prevented him sending off the powerful centre.
"The Sudanese authorities must quash this grossly unfair sentence and ensure that Noura Hussein gets a fair retrial that takes into account her mitigating circumstances," Seif Magango, Amnesty International's deputy regional director for East Africa, said in a statement.
It argues that the screening tool disproportionately affects black and Latinx tenants, and fails to properly take into account mitigating circumstances of a criminal record, allegedly a violation of the Fair Housing Act as it was outlined in HUD's 2016 guidance.
"No luck, no golden chances/No mitigating circumstances now" Gabriel sings as Oleg takes a long (last?) look at his parents, then heads up to his rooftop with the FBI's map and the tape of his recorded conversation with Stan.
There's only been three midterm elections since the 22s when the party out of the White House didn't make seat gains -- and in each of those elections there were major mitigating circumstances: 21 (Great Depression), 1998 (Clinton impeachment) and 2002 (Sept.
Archer received the maximum possible sentence on Friday in Philadelphia's Court of Common Pleas, which the city's district attorney's office had said was necessary because there were no mitigating circumstances and because of the impact on Hartnett's health and career.
In his summary Mr Barr cited the absence of an underlying crime (conspiring with Russia) and Mr Trump's habit of carrying out his obstructive acts in public (often via Twitter) as mitigating circumstances; Mr Mueller did not have time for that either.
"At the end of the day the issue for the court is whether the evidence supports the jury's verdict in this case -- which was their conclusion that the aggravating circumstances so outweigh the mitigating circumstances that death is appropriate," Kennedy told the courtroom.
There are some mitigating circumstances, too, most notably Liverpool's searing pace: Guardiola is right to feel that the missteps his team has made have been amplified by the fact that its principle rival for the Premier League title has made, well, none.
Perhaps, in the early months of the season, there were mitigating circumstances: the lingering effects of that shoulder injury sustained in the Champions League final, the one that threatened his involvement in the World Cup and that hampered his performances in Russia.
Under the IRS' new "self-certification" rule, announced on Thursday, eligible taxpayers who can attest to experiencing one or more of 11 "mitigating circumstances" that led to their missing the normal 60-day time limit for tax-free funds transfer can qualify for a waiver.
For a nation that for more than 15 years has been an incubator for Islamist extremists and has been torn apart by terrorist bombings, Iraqis have little appetite for leniency or concern about mitigating circumstances that in other nations could be grounds for clemency.
While Indian trial courts aggressively impose death sentences, 95 percent of them have been overturned or commuted by higher courts in recent years, a recent study showed, typically in consideration of "mitigating circumstances" like slipshod investigations or the potential of the accused to be rehabilitated.
Asked why he did not receive additional remedial training or retribution, Anderson referred to "mitigating circumstances" — including the presence of FAA officials observing his type rating, which could have made him more nervous and his performance worse, as well as damage to his home during Hurricane Irma.
The Delaware court found that a jury not only must decide whether there were "aggravating circumstances" that could justify a death penalty, but also must find, "unanimously and beyond a reasonable doubt," that such aggravating factors outweigh any mitigating circumstances — the critical determination in imposing a death sentence.
Senator Kamala Harris, Democratic of California and a White House hopeful, and Representative Alexandria Ocasio-Cortez, Democrat of New York, released the Fair Chance at Housing Act, which would require public housing authorities and owners to consider all mitigating circumstances when making screening determinations based on criminal activity.
Also, the idea that a partner's EDS was more likely to be reported as contributing to relationship dissolution "is very much aligned with the actor-observer cognitive bias, in which people attribute other people's behaviors to their character as a person, but their own behaviors to mitigating circumstances," McDevitt explains.
As a general rule, sentencing guidelines enumerate aggravating and mitigating circumstances; assign scores based on a combination of first a defendant's criminal record ("prior record score" or "PRS") and secondly on the seriousness of the crime ("offense gravity score" or "OGS"); and then use this formula to suggest a range of punishment for each crime.
Statements in documents filed by Mueller and other jurisdictions are prosecutorial in nature and may not reveal mitigating circumstances that Trump could use in his defense It is unclear at this point whether the US attorney's office in the Southern District of New York would be able to prove that Trump knowingly asked Cohen to break campaign finance laws.
Her side of the story is not about guilt or innocence — the discussion over guilt and innocence ended right about the time she completed her community service, as far as she's concerned — but about the finer points of being Tonya Harding: respect, mitigating circumstances, how we treat people and what we expect from them in the first place.
The pilot was disciplined for negligence, but received only the minimum penalty in the light of undisclosed mitigating circumstances.
The judiciary milders the sentence according to § 49 I StGB. However, § 49 I StGB can only be used for mitigating circumstances defined by law, not generally for "lesser cases". Therefore, both positions can be criticized. However, some kind of correction is required to avoid a disproportionate punishment in cases with obviously extraordinary mitigating circumstances.
The wording of § 211 StGB also doesn't indicate that under special mitigating circumstances the court may consider a crime as Totschlag although it fulfills one of the characteristics of § 211 StGB (negative type correction). Therefore, positive and negative type correction are seen by the courts as not in accordance with the current law and are therefore rejected. The definition of the judiciary is clear. But also cases with special mitigating circumstances fall under this definition, for which the lifetime prison sentence is too hard.
An 1870 incident involving St. Louis finances and the city treasurer resulted in him being convicted for forgery and sentenced to a term in prison. There were mitigating circumstances, and Governor Gratz Brown pardoned him in 1872.
See Floyd v. State, 118 Nev. 156, 42 P.3d 249, at 254 (2002) (per curiam). The jury rendered a sentence of death for each count of murder, finding that the aggravating circumstances outweighed any mitigating circumstances.
The shortest was little more than half an hour. Although the defense attorneys pointed out mitigating circumstances, the juries quickly convicted each defendant and sentenced them to execution in the electric chair. The judge presiding was Kennon C. Whittle.
The Supreme Court in Sangeet v. State of Haryana, November 2012, seriously expressed reservation regarding inconsistent and incoherent application of sentencing policy with respect to analyzing the aggravating and mitigating circumstances. The court critiqued the process of drawing a balance sheet of aggravating and mitigating circumstances and stated that they cannot be compared with each other as each of the factors are two distinct and different constituents of the incident. Moreover, the court itself admitted that the doctrine of rarest of rare is not followed properly and departed from the ‘principled sentencing’ to a judge-centric sentencing policy of the death sentence.
Even civilian judges consider mitigating circumstances before passing judgement or sentencing. If zero tolerance policies were applied in adult courtroom scenarios, they would be fundamentally unjust and unconstitutional due to neglecting the laws involving due process, along with cruel and unusual punishments.
Coleman's lawyers also said that Coleman had bipolar disorder. The jury rejected the mitigating circumstances and sentenced Coleman to the death penalty. Marcella Williams did not go to trial. She agreed to plead guilty to murder in exchange for a sentence of life imprisonment.
Subsequently, the precedent in Ravji was relied on as authoritative precedent. These judgments confirmed the death sentence without considering any mitigating circumstances related to the criminal. This position was directly contradictory to Constitutional bench judgment of Bachan Singh v. State of Punjab, May 1980.
The fine imposed was half of the maximum that could have been imposed. This was decided by Judge Peter Blair QC after he took mitigating circumstances into account. Cox was sentenced to four months imprisonment, suspended for eighteen months. He was also ordered to do 80 hours unpaid work.
Martinez, S. (2009). A system gone berserk: How are zero-tolerance policies really affecting schools? Preventing School Failure,53(3), 153-157. While this seems like a simple action-reaction type of situation, it often leaves out the mitigating circumstances that are often the important details in student incidents.
In the Laotian legal system no one has ever been acquitted once charged. The Defence never argues that the accused are not guilty. The normal function of a Defence lawyer in a Laotian court is to argue mitigating circumstances and the extent of the defendant's co-operation before asking for clemency.
Stokes pleaded self-defense, using a wildly incongruent set of mitigating circumstances. He claimed to have been suffering from emotional turmoil at the time he committed the act. Fisk's death was blamed on medical malpractice by those who treated his mortal wound. Stokes was subsequently tried three times for the Fisk murder.
Tackett and Loveless were sentenced to sixty years in the Indiana Women's Prison in Indianapolis. Tackett was released in 2018, and served probation for one year. Loveless was released in September 2019. Rippey was sentenced to sixty years, with ten years suspended for mitigating circumstances, plus ten years of medium-supervision probation.
The lack of legal requirements for accounting and the fact that she had never advertised any securities were accepted as mitigating circumstances. Ehinger was sentenced to six months in prison for aiding Spitzeder. For health reasons, Spitzeder was allowed to stay in the prison in Baader Street, Munich, where she wrote her memoir.
Once the aggravating circumstances are the fullest extent and no mitigating circumstances, the court needs to be satisfied with the rarest of rare case. The rarest of rare must be depended on the ‘society centric’ instead of ‘judge centric’ as to whether society approve death sentence in the awarding of the death penalty.
Such a juror, he emphasized, would lack the qualities of impartiality and indifference required by due process. Furthermore, Justice White noted, jurors who would automatically vote to impose the death penalty would not "in good faith ... consider evidence of aggravating and mitigating circumstances" as may be required by law and included in jury instructions.
Some of these exempting circumstances are imbecility or youth. On the other hand, the presence of one or more mitigating circumstances when a crime is committed, can serve to reduce the penalty imposed. An example is voluntary surrender. Lastly, the presence of aggravating circumstances will increase the penalty imposed under the crime, upon conviction.
Beal and Macleod, Prairie Fire, p. 337-338 Minister of Justice John Sparrow David Thompson reviewed the cases but mitigating circumstances were not taken into account, and in retrospect, justice seems to have been arbitrarily dispensed. Eight Natives, including Wandering Spirit, were hanged on Nov. 27, 1885, in the largest mass hanging in Canada's history.
From February 26 to April 1, 1924, the criminal trial for high treason took place before the People's Court of Munich I. The court acknowledged mitigating circumstances. Under the presiding judge George Neithardt he was sentenced to 15 months imprisonment for aiding and abetting treason, but served only 4 months before being pardoned and released.
Nancy Camille Taylor-Rosenberg (July 9, 1946 in Dallas, TX – October 3, 2017 in Las Vegas, NV)Nancy Taylor Rosenberg obituary. was an American writer. She attended school at Gulf Park and resided last in Las Vegas. Her first novel, Mitigating Circumstances, was published in 1993, and the film rights were obtained by Academy Award-winning director, Jonathan Demme.
The most notable crimes now excluded from the Revised Penal Code are those concerning illegal drug use or trafficking, which are penalized instead under the Dangerous Drugs Act of 1972 and later the Comprehensive Dangerous Drugs Act of 2002. One distinct aspect of the Revised Penal Code centers on its classification of aggravating, exempting and mitigating circumstances, the appreciation of which affects the gradation of penalties. Penalties under the Revised Penal Code are generally divided into three periods – the minimum period, the medium period, and the maximum period. In addition to establishing the elements of the crime, the prosecution may also establish the presence of aggravating circumstances in order to set the penalty at the maximum period, or mitigating circumstances to reduce the penalty to its minimum period.
The third book, called Maleficiorum, contains 74 articles and covers criminal law. Prosecution of criminal acts is reserved for the state alone. The laws provide a formula by which a punishment shall be proportional to the offense and any mitigating circumstances. Special attention is given to protecting the assets of the state and church, and to preventing the pollution of water sources.
He sentenced three others to hang as well, but their death sentences were commuted. Minister of Justice John Sparrow David Thompson reviewed the cases but mitigating circumstances were not taken into account, and in retrospect, justice seems to have been arbitrarily dispensed. Eight Natives, including Wandering Spirit, were hanged on Nov. 27, 1885, in the largest mass hanging in Canada's history.
I'm not the monster that y'all made me out to be." After Baddour considered mitigating circumstances, Lovette was again sentenced to life without the possibility of parole. Orange County District Attorney Jim Woodall said that Lovette was a "predator" and that he did not care about the consequences of his actions or about other people. "He does not care about other people.
She said that Adams had struck her repeatedly that day and they struggled. Essentially McCollum was silenced in court regarding additional testimony that would have established mitigating circumstances. According to Zora Neale Hurston, who reported on the trial for the Pittsburgh Courier: > Ruby was allowed to describe how, about 1948, during an extended absence of > her husband, she had, in her home, succumbed to the sexual assault.
Fair use exists in Polish law and is covered by the Polish copyright law articles 23 to 35. Compared to the United States, Polish fair use distinguishes between private and public use. In Poland, when the use is public, its use risks fines. The defendant must also prove that his use was private when accused that it was not, or that other mitigating circumstances apply.
Concluding his speech, he said: > I have to take full responsibility for what happened in the borders of > Ostland, within SS, SD and the Gestapo. Thereby increases much my fault. My > fate is in the hands of the High Court, and so I ask only to pay attention > to mitigating circumstances. I will accept a sentence in full repentance and > I will consider as worthy punishment.
However, the court took into account mitigating circumstances: the defendant's repentance of the crimes committed, as well as the fact that she participated in criminal activity under the threat of murder by Sukletin. She was eventually sentenced to 15 years imprisonment. Anatoly Nikitin was also sentenced to 15 years for the murder of Lidiya Fyodorova, and Rinat Volkov was sentenced to 7 years for extortion.
Before Teresa's death, Syriani was charged with assault with a deadly weapon with intent to kill. This charge was changed to capital murder after her death. On June 12, 1991 he was sentenced to death in Mecklenburg County Superior Court, with the jury finding as an aggravating factor the crime being especially heinous, atrocious, or cruel. This outweighed the eight mitigating circumstances they also found.
Notwithstanding such an understanding, the ruler, like in Confucianism, has the ultimate authority to decide what the law should be. Therefore, like Confucianism, Legalism is subject to abuse as well. In fact, the Qin emperor implemented strict laws and extremely harsh punishments without taking into account mitigating circumstances even for insignificant crimes. For example, books were burned and people holding different ideals were buried alive.
It was argued by the accused persons that the Trial Judge had not considered the aggravating and mitigating circumstances in respect of each individual accused. The Court went through the law laid down by the Supreme Court in Santa Singh v. State of Punjab, August 1976 and Dagdu v. State of Maharashtra, April 1977, and held that there are two modes to cure sentencing defects- 1.
In Mills v. Maryland (1988), the Supreme Court ruled that when imposing the death penalty the jury must be allowed to consider any mitigating circumstances that included any part of the defendant's record. In addition the jury must be allowed to consider "any relevant mitigating evidence." Under the AEDPA a federal court is allowed to override a state court if the state court decision was directly contrary to established Federal Law.
He was brought to court-martial on 12 June 1798 aboard , and the offence being proved, the court had no choice but to dismiss him from the service. In view of the mitigating circumstances, the court recommended that Paulet be considered for clemency by King George III. The King was pleased to follow the recommendation and reinstated Paulet in the service. Paulet then received command of the 74-gun .
That leaves it to the judge to decide whether a killing committed by stealth still ought not to be considered as a treacherous murder due to special mitigating circumstances. Therefore, this position leads in fact to a negative type correction. Some in the literature advocate such a negative type correction. Negative type correction means, that the murder characteristics are necessary to sentence someone for Murder, but that they are not final.
Antonin Scalia, who authored the majority opinion Writing for a majority of the Court, Justice Antonin Scalia held that the Eighth Amendment to the United States Constitution does not require courts in capital cases to instruct juries about the burden of proof for establishing mitigating evidence; therefore, the trial courts in this case were under no obligation to inform jurors that "mitigating circumstances need not be proved beyond a reasonable doubt".
Le Pull-over rouge, Ramsay, p. 222-223. André Fraticelli, Ranucci's lawyer, originally planned to plead mitigating circumstances, citing his client's difficult childhood, the sight of his father slashing his mother's face, and the numerous moves made across France as a defence in court. Fraticelli wanted the jury to consider Ranucci's state of mind and consciousness while committing murder, and whether he was really accountable for the crime, rather than his guilt.G. Perrault (1978).
Le châtiment des Danaïdes is an essay by the French-Canadian author Henri Paul Jacquesthe applying the Freudian concept of psychoanalysis to the study of the punishment imposed on the Danaïdes after they committed their crimes. In Monday Begins on Saturday, it is mentioned that the Danaïdes had their case reviewed in modern times, and, due to mitigating circumstances (the marriage being forced), had their punishment changed to laying down and then immediately demolishing asphalt.
In that proceeding, the sentencing judge first conducts an evidentiary hearing before a jury (§921.141(1)). Next, the jury, by majority vote, renders an "advisory sentence" (§921.141(2)). The court must still independently find and weigh the aggravating and mitigating circumstances before entering a sentence of life or death (§921.141(3)). This procedure was adopted from 2013 when Governor Rick Scott signed the Timely Justice Act (HB 7101) which overhauled the processes for capital punishment.
On June 29, 1972, the United States Supreme Court issued its decision in Furman v. Georgia, holding all capital punishment statutes then in effect in the United States to be unconstitutional. On July 2, 1976, the Supreme Court, in Gregg v. Georgia, reviewing capital punishment laws enacted in response to its Furman decision, found constitutional those statutes that allowed a jury to impose the death penalty after consideration of both aggravating and mitigating circumstances.
However, they can not give a definition when a killing by stealth has to be considered as treacherous. They just point to certain cases they want to exclude from murder due to the mitigating circumstances. Therefore, this position is also considered as too vague by the courts. The judiciary maintains that also in those cases the perpetrator is usually aware and uses the unsuspiciousness and defenselessness of the person from attack in an hostile attitude.
An aegrotat (; ) degree is an honours or ordinary degree without classification, awarded to a candidate who was unable to undertake their exams due to illness or even death, under the presumption that, had they completed those exams, they would have satisfied the standard required for that degree. Aegrotat degrees are often qualified with an appended ’(aegrotat)’. Following the introduction of current regulations regarding mitigating circumstances, aegrotat degrees are less commonly awarded than they previously were.
After a person was convicted of capital murder, a separate penalty phase was carried out using the same jury. The jury weighed a variety of aggravating and mitigating circumstances. If a person had been convicted of capital murder and was not sentenced to death, the mandatory sentence was life imprisonment without possibility of parole (LWOP), the same sentence as for first-degree murder. Executions must be carried out no sooner than one year after the sentencing.
He looks for him at the holiday home and gets it across to Andreas that to turn himself in, is the only right choice. He'd be dismissed from his job in law enforcement but be let-off on a suspended sentence because of significant mitigating circumstances. Andreas takes Sofus to the psychiatric clinic and returns him to Sanne, who is overjoyed. Some years later Sanne goes shopping at a hardware store, where Andreas works after leaving the police.
In another lawsuit, Boyce and Dixon v. United States, the removal of two IRS service center employees was reversed, establishing for the first time the principles that an agency did not have total discretion in penalizing employees and that mitigating circumstances could render an agency-ordered removal an abuse of discretion. Shortly thereafter, in NTEU v. Fasser, the union won the right for federal employees to engage in informational picketing, an action previously deemed banned by federal law.
As recommended by the Central Bureau of Investigation the death penalty was awarded to Santosh Singh on 30 October 2006. Pronouncing its verdict, the court said the mitigating circumstances under which leniency was begged for Santosh was not enough and the brutal rape and murder does fall in the bracket of "rarest of rare" cases. Santosh was sitting just five-feet away from the jam-packed court. The court had convicted Santosh of the crime earlier that month.
Bail is rarely granted during this time, and only during extreme mitigating circumstances, as when a child or elder relative depends on the suspect for daily care. After the second ten-day period, the prosecutor must bring an indictment against the suspect or release him. Anybody can be arrested, and held for up to 23 days before being charged with a crime. When a suspect is arrested, he is informed of two rights, analogous to Miranda rights.
In his indictment, Advocate General Patrick Boyer asked for the maximum sentence by saying: "I will make sure that you stay in prison until your last breath. You are a psychopath, a rapist, torturer and serial killer." One month after the start of the trial, the court jury found Ronald Janssen guilty on charges without mitigating circumstances, that is of three murders, kidnapping and rape with torture. On Friday, October 21, 2011, he was sentenced to life imprisonment.
On 21 July, the Greek court sentenced the eight soldiers to two months in prison, suspended for three years, for illegally entering Greece, and they were acquitted of violating flight regulations since the regulations do not apply to military aircraft. The court recognized the mitigating circumstances that the men faced, having acted while under great threat. They remained in custody pending the outcome of their applications for asylum. During the trial there were six Turkish lawyers.
Furthermore, it moved towards the practice of balancing aggravating and mitigating circumstances to impose death sentence, where Bachan Singh judgment mandated that death sentence be imposed where life imprisonment is unquestionably foreclosed. Thus, this precedent and subsequent line of cases had systematically permitted the justification of death sentence on the manner, nature and gravity of the crime, without taking into the account of circumstances of the criminal, in order to exercise judicial discretion on the death sentence.
There are specific instances where properties usually do not merit listing in the National Register. As a general rule, cemeteries, birthplaces, graves of historical figures, properties owned by religious institutions or used for religious purposes, moved structures, reconstructed historic buildings, commemorative properties and properties that have achieved significance during the last fifty years are not qualified for listing on the Register. There are, however, exceptions to all the preceding; mitigating circumstances allow properties classified in one of those groups to be included.
If there is no admission of guilt, the individual is informed of the source of the charges and witnesses are presented one at a time to give evidence. Witnesses do not remain present for the entire hearing. Once all the evidence is presented, the accused and all witnesses are dismissed and the committee reviews the evidence and the attitude of the accused. The committee may determine that there was no "serious sin", or that mitigating circumstances absolve the accused individual.
After formally objecting and refusing to pay the fine, Wiens was tried at the district court of Dresden. He was found guilty by the court and fined €780 in November 2008. However, during the trial Wiens claimed mitigating circumstances for the act of insulting El-Sherbini, suggesting that "people like her" were not really human beings and therefore incapable of being insulted. The public prosecutor appealed the verdict, aiming at a custodial sentence, due to the openly xenophobic character of the incident.
In voluntary manslaughter, the offender had intent to kill or seriously harm, but acted "in the moment" under circumstances that could cause a reasonable person to become emotionally or mentally disturbed. Examples could include a defender killing a home invader without being placed in a life or death situation. There are mitigating circumstances that reduce culpability, such as when the defendant kills only with an intent to cause serious bodily harm. Voluntary manslaughter in some jurisdictions is a lesser included offense of murder.
Some countries allow conditions that "affect the balance of the mind" to be regarded as mitigating circumstances. This means that a person may be found guilty of "manslaughter" on the basis of "diminished responsibility" rather than being found guilty of murder, if it can be proved that the killer was suffering from a condition that affected their judgment at the time. Depression, post-traumatic stress disorder and medication side- effects are examples of conditions that may be taken into account when assessing responsibility.
The state's attorney, Robert E. Crowe, presented over a hundred witnesses documenting details of the crime. The defense presented extensive psychiatric testimony in an effort to establish mitigating circumstances, including childhood neglect in the form of absent parenting and, in Leopold's case, sexual abuse by a governess. Darrow called a series of expert witnesses who offered a catalogue of Leopold's and Loeb's abnormalities. One witness testified to their dysfunctional endocrine glands, another to the delusions that had led to their crime.
It is even possible for someone convicted of murder to serve a suspended sentence if the defense successfully argues for mitigating circumstances. Moreover, in Japanese criminal proceedings the conviction and sentencing phase are separate. In the Japanese criminal justice system, these are distinct phases, echoing that of common law jurisdictions where sentencing is usually remitted to a later hearing after a finding of guilt. The court proceedings first determine guilt, then a second proceeding takes place to determine the sentence.
State of Punjab, May 1980. The Bariyar judgment again reemphasized that the aggravating and mitigating circumstances related to the sentencing discretion must not only be limited to crime alone, but both the factor crime and criminal should be taken into account. It has interpreted the Bachan Singh dictum in a radical manner, specifically on the sentencing aspect of death penalty. The Court expressed concern that there is lack of consistency and coherence in the aspect of sentencing discretion in regards to death penalty.
However, his opportunities to excel were few in the West Indies; circumstances were against him in several matches, and he had a statistically poor tour. Any mitigating circumstances were offset by problems off the field. D'Oliveira took full advantage of the social opportunities available on a tour of the West Indies and frequently disappeared to parties and other events, often not reappearing until after breakfast. Rumours to this effect reached the press and the MCC tour manager spoke to D'Oliveira about his responsibilities on tour.
Lewis is skeptical of the death penalty, but not necessarily the sentencing of inmates to life in order to protect the public. Neither Lewis nor Pincus believe the death penalty works as a deterrent. Lewis believes that the quest for justice often leads many prosecutors, judges, jurors to overlook things that could be considered mitigating circumstances. She believes that this leads to overlooking the root causes of crime and prevents long term solutions that will help reduce child abuse and prevent more abused children from becoming killers.
This combination made it a capital crime; each man was eligible for the mandatory death penalty if convicted. A sentencing hearing would be held by the judge to determine if there were mitigating circumstances to reduce the penalty. Horsley confessed to the murder; he was executed for first-degree murder in 1996. Baldwin later said that after he was arrested as a suspect, the local police beat him and subjected him to shocks from an electric cattle-prod, forcing him to confess to the murder of Rolon.
The 2 December 1910 census put the number of villagers at 946. In 1911, there was a murder in Müllenbach: on the night of 2 to 3 February, a boy named Anton Lehnen, from Müllenbach, was done to death by five lads, also from Müllenbach. They were all found guilty in court in Koblenz on 3 May. One was released early, and the three ringleaders, Peter Krämer I, Reuter and Lefev, were, owing to mitigating circumstances, sentenced to prison terms ranging from 9 to 10 years.
Georgia, the Supreme Court held by a 7–2 majority that the State of Georgia could constitutionally put Gregg to death; Georgia, in common with Texas and Florida, had instituted a death penalty statute requiring a separate bifurcated trial proceeding to determine punishment in a capital case after the establishment of guilt, establishing a list of aggravating circumstances that must be present to consider a death penalty, and providing for review by the State Supreme Court. It also allowed for consideration of mitigating circumstances; on the same day, the Court, whose primary concern was racial bias in sentencing, rejected the North Carolina and Louisiana death penalty statutes for failure to allow for mitigating circumstances to be considered in sentencing. On July 28, 1980, Gregg escaped together with three other condemned murderers, Timothy McCorquodale, Johnny L. Johnson, and David Jarrell, from Georgia State Prison in Reidsville in the first death row breakout in Georgia history. The four had altered their prison clothing to resemble the uniforms worn by correctional officers, then sawed through the bars of their cells and a window and walked along a ledge to a fire escape.
Mountford was suspended from the House of Commons for five working days in 1998 for leaking a Social Security Select Committee report to the government. The House of Commons Standards and Privileges Committee stated that although there were some mitigating circumstances for her behaviour, she had in fact "aggravated her original offence by denying responsibility". In addition to the suspension Mountford was forced to apologise for her conduct.House of Commons - Standards and Privileges - Tenth and Eleventh Report As a result of the controversy Mountford also resigned from the Social Security Select Committee.
On November 15, 1991 a jury found that Du's decision to fire the gun was fully within her control and that she fired the gun voluntarily. The jury found Du guilty of voluntary manslaughter, an offense that carries a maximum prison sentence of 16 years. The jury recommended the maximum sentence for Du. However, the trial judge, Joyce Karlin, did not accept the jury's sentencing recommendation and instead sentenced Du to five years of probation, 400 hours of community service, and a $500 fine. Judge Karlin suggested that there were mitigating circumstances in Harlins's death.
As such, the Maryland legislature took the route which the Supreme Court had found acceptable in Gregg v. Georgia and introduced bifurcated trials, where the jury first decided guilt and then punishment, mandatory appellate review, and the weighing of aggravating and mitigating circumstances. Further laws changes in 1987 and 1989 excluded juveniles and the mentally retarded from execution. The first person to be sentenced to death under Maryland's current statute was Richard Danny Tichnell, who was found guilty of murdering Garrett County Sheriff's Deputy David Livengood in 1979.
In extraordinary circumstances the court may sentence just for Totschlag, if the case is atypical to the usual cases due to special mitigating circumstances. In the older literature some even suggest a positive type correction. That means that the murder characteristics are necessary to sentence someone for Murder, but that additionally to fulfilling at least one of the characteristics the court has to assess the special damnability of the killing. However, the wording of § 211 StGB doesn't mentions an additional criteria of a special damnability (positive type correction).
During the penalty phase of Taylor's trial, his half-sister Leslie Beale traveled from Florida to testify about his harsh treatment under his stepfather and the three years that Taylor spent in a sex offender program at a Florida mental institution. On December 19, Taylor became the first convict in 40 years to be sent to death row by a Weber County court. Roth said that the facts of the case outweighed any mitigating circumstances. Taylor's father Albert attended most of his son's court proceedings until he died of heart failure on October 8, 1990.
Bowers, 72. People who cheat despite personal disapproval of cheating engage in something called "neutralization", in which a student rationalizes the cheating as being acceptable due to certain mitigating circumstances. According to psychologists of deviant behavior, people who engage in neutralization support the societal norm in question, but "conjure up" reasons why they are allowed to violate that norm in a particular case. Neutralization is not a simple case of ex post facto rationalization, but is rather a more comprehensive affair, occurring before, during, and after the act of cheating.
On December 2, 2003, Woolsey wrote a letter on behalf of Stewart Pearson, the son of one of her senior aides, who had pleaded guilty to rape. In a letter written on her official congressional stationery, she asked the judge to consider mitigating circumstances and show leniency. The judge in the case was not swayed by the letter, and sentenced Pearson to eight years in prison, the maximum allowed under the plea bargain. Woolsey has apologized for writing the letter, saying she did not know all the facts; the victim did not accept her apology.
Petitioner did not provide any mitigating circumstances, and the jury recommended the death penalty. The court followed the jury's recommendation and sentenced petitioner to death. On appeal to the federal courts via a habeas petition, petitioner alleged the state's capital sentencing process was administered in a racially discriminatory manner in violation of the Fourteenth Amendment. Petitioner based his claims on a study, conducted by jurists David C. Baldus, Charles Pulaski, and statistician George Woodworth (the “Baldus study”), that indicated a risk that racial consideration entered into capital sentencing determinations.
Request a Suspension Hearing to Reduce Your MVC License Suspension, accessed July 15, 2013. The driver will need to attend a hearing with an administrative law judge at the 120 S Stockton St, Trenton, NJ 08611, regional location. The hearing affords the driver to present facts and mitigating circumstances to reduce of terminate the proposed suspension term. At the conclusion of the hearing, the administrative law judge will render a decision as to the new term of suspension, and this suspension will go into effect within the next 14 days.
The court convicted him of both murders, and taking into the mitigating circumstances, he was sentenced to 25 years imprisonment, the first 8 of which he would spent in a normal prison and the rest in a maximum security prison colony. In addition, he was ordered to pay 219 thousand rubles in material damages to the victims' families. The parents of the victims protested the sentence, going so far as to petition then-President Dmitry Medvedev to lift the moratorium on the death penalty, but their request went unanswered.
Under the determinate sentencing law, if a judge chose a prison sentence as punishment for a given offense (as opposed to probation), the defendant would be sentenced to the middle prison term unless aggravating or mitigating circumstances justified sentencing to the upper or lower term. The judge had to state the reasons for the sentencing decision. The base term would then be extended by enhancements for specific details of the crime, for example the use of a firearm, great loss of property, or great bodily injury, as well as the defendant's prior criminal history.
Indeed, until 1981, the Criminal Code provided for mitigating circumstances for so-called honour killings.Until 1981 the law read: Art. 587: He who causes the death of a spouse, daughter, or sister upon discovering her in illegitimate carnal relations and in the heat of passion caused by the offence to his honour or that of his family will be sentenced to three to seven years. The same sentence shall apply to whom, in the above circumstances, causes the death of the person involved in illegitimate carnal relations with his spouse, daughter, or sister.
Also, the Court listed the two question that needs to be answered prior to the imposition of death sentence on individual cases. Firstly, is the offence committed so exceptional that there is no scope for awarding any other sentence? Secondly, even when weightage is accorded to the mitigating circumstances does the circumstances still warrants death penalty? It was held that the judges must prepare a balance sheet of aggravating and mitigating circumstance of the crime and criminal and analyze the factors prior to making up choice between death sentence and life imprisonment.
The first and foremost contribution of Bariyar judgment is that it undoubtedly rejected the strict channeling of discretion or classification of particular types of offences deserves death sentence. The Supreme Court emphasized that the weight accorded to the aggravating and mitigating circumstances must be decided on the case to case basis. Furthermore, it also deconstructed the notion of ‘shock to the collective conscience’ as standard to impose the death sentences. The Court categorically stated the relevance and desirability of ‘public opinion’, is no more important in the jurisprudence and adjudication of death sentences.
Felonies are normally dealt with by the Court of Assize, but the Chamber of Indictment can take into account mitigating circumstances and "correctionalise" the felony, i.e. refer the case to the Correctional Court instead. The Correctional Court doesn't have jurisdiction with regard to offences related to traffic, which fall under the jurisdiction of the police tribunal. It doesn't have jurisdiction with regard to political crimes and press-related crimes either as those crimes fall under the jurisdiction of the Court of Assize, with the exception of press-related crimes that were inspired by racism or xenophobia.
Sandiford was held at Kerobokan Prison following her sentence. Despite the prosecution's recommendation of leniency, at her sentencing hearing on 22 January 2013 a panel of judges ruled there were no mitigating circumstances in Sandiford's favour, and imposed a death sentence. Amser Simanjuntak, who headed the panel said Sandiford's actions had damaged Bali's reputation as a tourist destination and undermined Indonesia's fight against drugs, while his colleague, Komang Wijaya Adi said their decision had been influenced by several factors, including what was viewed as her lack of remorse. The sentence was greeted with gasps from around the courtroom.
Enmity between the Macdermot and Flannelly families is sharpened by Thady's having declined to marry Joe's daughter, Sally. Larry Macdermot's daughter, Feemy (christened 'Euphemia'), is seduced by the English police officer, Captain Myles Ussher, who is hated by the local Catholic majority for his brutal enforcement of the excise laws against poteen distilling. One night Thady comes home to find Ussher abducting Feemy and kills him in the ensuing struggle. Despite the mitigating circumstances, the Protestant-dominated courts find Thady guilty of murder, in the context of a panic about crime, and possibly anti-British terrorism.
He said Thälmann had been trying to spare the party a scandal, in contrast to the motives of Arthur Ewert and Gerhart Eisler, KPD central committee members who were in the Conciliator faction. Stalin felt they had placed their own interests over those of the party and the Comintern and saw in their actions "absolutely no mitigating circumstances". Stalin then took action. On October 6, 1928, the executive committee of the Comintern passed a resolution expressing "complete political trust" in Thälmann, reversing the KPD's September 26 decision and calling on the KPD to "liquidate all factions within the party".
She said that because of behavioral issues, it was often necessary to have him sit next to her in the classroom. At the end of the trial, the jury deliberated for an hour before Coleman was convicted of capital murder. In the punishment phase of the trial, Coleman's attorneys raised several potential mitigating circumstances in an attempt to spare Coleman a death sentence, including the illicit nature of her conception, her early exposure to alcohol and drugs, and the abuse that caused her to end up in foster care. A child abuse expert testified for the defense about the intergenerational effects of abuse.
The next day, prison officer Barrowclough visits Fletcher during recreation hour to inform him that Godber is seeing the governor. When asked why, Fletcher discovers Godber assaulted another fellow inmate for an unknown reason. That evening, Fletcher is surprised to see Godber back in their cell rather than in solitary, to which he explains that he was spared this due to mitigating circumstances. Fletcher manages to persuade him to open up about this, and learns that Godber received a letter from Denise, revealing she had married another man, and that the inmate he assaulted made fun of this.
This stipulation by the court, writes CR Snyman, > is of the utmost importance, since here the court set out tersely the three > most important matters a court should take into consideration in imposing > sentence. In this case the court had to weigh the accused's personal > circumstances (and more particularly the fact that he was already relatively > old and suffering ill-health) against the nature of the crime and the > interests of society. The appellant's personal circumstances constitute > mitigating circumstances, whereas the nature of the crime and the interests > of society amount to aggravating circumstances.Snyman Casebook 16.
By the time the wreckage from Alguersuari's accident was cleared away and the track considered safe for racing once more, there were just five laps remaining. Vettel continued to put as much space between him and second place as possible, while ninth-placed Kubica threatened Jenson Button in an attempt to wrest the single championship point for eighth place away from him. Button prevailed after deciding not to challenge teammate Rubens Barrichello for seventh. He later protested to the stewards that Williams' Nico Rosberg had been speeding under the safety car – though Rosberg was acquitted after a stewards' hearing found mitigating circumstances.
The evidence of the alleged offences is shown, as well as Glitter's statements to the police, and witnesses give their evidence, including Glitter himself. Glitter is found guilty, and the debate over sentencing begins. Glitter is told there are no mitigating circumstances shown, and he is sentenced to death within 30 days. Glitter maintains his innocence, and finds himself back in the charts just before he is executed, though the song turns out to be a mocking remix of one of his hit songs combined with a leaked recording of his own words from his trial speech.
These were whether there was something uncommon about the crime which rendered life imprisonment inadequate and whether the circumstances of the crime were such that there was no alternative but to impose the death sentence. Justice Khanna opined that the five categories indicated by the Court in Machhi Singh v. State of Punjab, July 1983 (manner of commission of murder, motive of the murder, anti-social or abhorrent nature of the crime, magnitude of the crime and personality of the victim) related to the first question. The second question also has to be answered which could be done by reference to mitigating circumstances.
In June 2011, Thomson was placed on the sex offenders' register for five years and fined £4,000 after he pleaded guilty to two counts of indecent behaviour. The charges were related to "sexual conversations" that he had had with two underage girls over the internet. Despite calls from fans for Thomson to be dismissed, the club after a full investigation opted to allow Thomson to stay at the club, acknowledging that his actions were unacceptable but claiming that there were sufficient mitigating circumstances. Hearts' decision was criticised by the mother of one of his victims and a children's charity, while a water supplier withdrew their sponsorship of the club.
The penalty for parricide was the death penalty or life imprisonment under article 200 of the Criminal Code of Japan. Justices typically accept mitigating circumstances in such incidents; Japanese laws at the time permitted two reductions in sentencing, each reduction half of the appropriate sentence, with life imprisonment reduced to a seven-year sentence when reduction is applicable. Still, the minimum sentence Aizawa would have received was three years and six months in prison, and the laws did not allow suspended sentences for terms longer than three years. Her lawyer insisted that the murder was self-defense and that she had been insane because of the rapes.
He argued that Frederick's sentence should be lessened due to mitigating circumstances, explaining that few individuals can resist the powerful situational pressures of a prison, particularly without proper training and supervision. The judge apparently disregarded Zimbardo's testimony, and gave Frederick the maximum 8-year sentence. Zimbardo drew on the knowledge he gained from his participation in the Frederick case to write a new book entitled The Lucifer Effect: Understanding How Good People Turn Evil, about the connections between Abu Ghraib and the prison experiments. Zimbardo's writing appeared in Greater Good Magazine, published by the Greater Good Science Center of the University of California, Berkeley.
On July 23, 2013, the Financial Industry Regulatory Authority (FINRA) settled a regulatory complaint against Wade Bradley, who provided a statement of mitigating circumstances and neither admitted nor denied the findings . The penalty was a thirty-day suspension associating with any FINRA-member organization, and a $7,500 fine (payable if he re-registers with a FINRA firm).FINRA Disciplinary Proceeding #2011025780101 In 2013, several IndieVest investors launched an arbitration filing with FINRA against IndieVest and Bradley seeking $1.6 million to be returned to them. The investors alleged that Bradley illegitimately withdrew their funds from escrow despite the fact that the minimum amount had not been reached to break escrow.
Abuse related to payment of bride price (such as violence, trafficking and forced marriage) is linked to parts of Sub-Saharan Africa and Oceania. (Also see lobolo.) Certain regions are no longer associated with a specific form of violence, but such violence was common until quite recently in those places; this is true of honor-based crimes in Southern/Mediterranean Europe. For instance, in Italy, before 1981, the Criminal Code provided for mitigating circumstances in case of a killing of a woman or her sexual partner for reasons related to honor, providing for a reduced sentence. Invoking culture to explain particular forms of violence against women risks appearing to legitimize them.
In an agreement with state secretary Frank, Bienert tried to broadcast the statement on the dissolution of the Protectorate (which should be replaced by Czech puppet state still controlled by Germans) on 5 May 1945. However the same morning the Prague uprising broke out and Bienert was captured by insurgents in the broadcasting room of City Hall. After the end of World War II, Bienert was tried for treason and collaboration with the Nazis, but because of many mitigating circumstances he was sentenced to only three years in prison. Due to poor health, he was released prematurely in 1947, and died in Prague two years later.
Altogether, Clarke identifies 98 cases of deliberate or intentional infant death that resulted in legal proceedings. Of these, 94 were undertaken against the mother of the deceased infant, while fourteen of these were also undertaken against the baby's father, grandparents or friends of the mother who had assisted in the birth and its concealment. Four involved the father of the deceased infant and another individual, often a grandparent. Usually, if the birth had been concealed, the maximum penalty was two years imprisonment, and as Bronwyn Dalley notes, women could often plead mitigating circumstances through male sexual coercion (a "seduction" narrative), although this was not always successful.
"Gröger, Karl B.", The Righteous Among The Nations, Yad Vashem] Attorney and co-conspirator Lau Mazirel visited Willem Arondeus in prison shortly before he was executed for his role in the assault. Arondeus, who was openly gay, asked her to "tell the world that gays are no less courageous than anyone else." Mazirel went on to become an early proponent of LGBT rights."MAZIREL, Laura Carola", Biografisch Woordenboek van het Socialisme en de Arbeidersbeweging in Nederland, 1992 (Dutch) At the trial, the defense claimed mitigating circumstances for Sjoerd Bakker, Arondeus' partner, claiming that Arondeus had encouraged Bakker to participate since they were involved in an emotional relationship.
The following year he moved to Club Atlético Independiente where he won, among other titles, the 1995 Supercopa Libertadores against Flamengo. Apart from some brief periods, he largely stood at the club until 2001. He was the man behind the FC Metz's escape from relegation from Ligue 1 at the end of the 2000–01 season. However, he was convicted of using a false Greek passport and despite the mitigating circumstances (the passport would have been provided by shysters and FC Metz had not reached the limit of players outside the EU), Mondragón was not allowed to play in France and had to leave the country.
The residential area on Raymore Drive which was destroyed by the flood was not rebuilt, and was made into Raymore Park. In the aftermath of Hurricane Hazel, the Toronto and Region Conservation Authority was created though the merger of smaller, regional conservation authorities, with the mission to manage the area's floodplains and rivers. For instance, there had been previously rejected plans to build dams along the Humber River to control flooding; after the storm, some were built, but they would not prevent flooding in another weather event with Hazel's intensity and the same mitigating circumstances. Other than making changes in the Greater Toronto Area, flood control in Ontario and Canada as a whole became a more important issue.
Recent statistics demonstrate that the majority > of abducting parents are women, often those fleeing situation[s] of abuse > and domestic violence. There is also growing concerns regarding the > correlation between incidents of child abduction and the presence of > domestic violence and that the Convention does not give due consideration > and sufficient weight to such mitigating circumstances in the context of a > "grave risk" argument. There are cases where, if the child is returned, the abductor will not or cannot return with the child out of safety concerns. One of the crucial problems is that, upon return to the foreign country, abducting parents lack resources to hire a lawyer to obtain protective measures against domestic violence.
There are no mitigating circumstances or factors to award a lesser punishment ... having regard to the nature of the methodology in committing the murder for gain, it is a fit case for capital punishment", the order read. The judge directed the jail authorities not to execute the death sentence until they received confirmation from the high court. In the high court, on 12 September 2005, a two bench judge composed of Justices S.R. Bannurmath and A.C. Kabbin confirmed the death penalty to Shradhananda. Terming it the "rarest of rare cases" in their order, the division bench composed of Justices S R Bannurmath and A C Kabbin, said: "The accused had murdered his wife in a diabolical and a well-planned scheme.
See also He served the jail sentence and paid the fine on the day it was announced. In deciding to reduce the sentence, High Court Judge L.P. Thean said that a "nominal custodial sentence" was sufficient given the mitigating circumstances in Knight's case.In his judgment, Thean J. said, "I consider that the imposition of the nominal custodial sentence is appropriate in this case; I do not consider it at all a farce. It signifies that in the court's view, the appellant must suffer a custodial sentence, albeit a nominal one, and also that, but for the very strong mitigating and other circumstances in his favour, a substantive term of imprisonment would have been meted out to the appellant": see Knight v.
He was also found guilty of fraud for irregularly writing off loans from the books of Nkobi Group. Judge Squires dismissed Shaik's anti-apartheid "struggle credentials", saying what he had sought to achieve was exactly the same as the apartheid regime's "command of the economy" by a privileged few, which is exactly what the struggle had sought to replace. The judge sentenced Shaik to the minimum prescribed sentence of 15 years on each of the corruption counts. Shaik was sentenced to three years for fraud; however, Judge Squires said he found mitigating circumstances for not imposing the same minimum penalty for the fraud charge, as Shaik had not been the instigator and the crime had no adverse effect on any other party.
Walton's first contention before the Court was that "every finding of fact underlying the sentencing decision must be made by a jury, not by a judge, and that the Arizona scheme would be constitutional only if a jury decides what aggravating and mitigating circumstances are present in a given case and the trial judge then imposes the sentence based on those findings." But the Court had consistently rejected the suggestion that the Constitution required jury sentencing. Aggravating factors were not "elements" of the crime; as the Court had previously held, they were merely standards to guide the choice between a death sentence or a sentence of life imprisonment. Moreover, the Constitution does allow a judge to make the findings required by Enmund v.
In a determinate sentencing scheme, statutory law fixes authorized sentences of discrete lengths, and requires courts rather than prison officials to justify which of those discrete sentences is appropriate in any given case. California enacted its Determinate Sentencing Law (DSL) in 1977, in the hopes of achieving greater uniformity in sentencing and ensuring that punishment was proportional to crimes. For most crimes, the DSL specifies three authorized sentences--a low term, a middle term, and a high term. The trial judge was required to impose the middle term unless there were aggravating or mitigating circumstances--facts found by the trial judge to exist by a preponderance of the evidence and which must be placed on the record in open court.
The jury found that the first two aggravating circumstances existed in Allen's case. Her defense presented numerous mitigating circumstances including good relationship with her family, good work habits, and her fear of the victim. In the sentencing phase the prosecution presented testimony on the circumstances of the death of Dedra Pettus, and compared this previous crime to the death of Leathers. In a 1991 affidavit, her defense lawyer David Presson stated that after the trial he learned that when Allen was 15 years old, her IQ was measured at 69, placing her "just within the upper limit of the classification of mental retardation" according to the psychologist who analyzed her and that an examining doctor had recommended a neurological assessment because she manifested symptoms of brain damage.
When his appeal was turned down, Bentley's life was placed in the hands of the Home Secretary David Maxwell Fyfe, who had to decide whether to recommend that Queen Elizabeth II exercise the Royal prerogative of mercy to convert his death sentence into life imprisonment. Lord Goddard forwarded the jury's recommendation of mercy, but added that he himself "could find no mitigating circumstances". His later statements to David Yallop which convinced Yallop that Goddard had wanted a reprieve appear to have been incorrectly quoted. Maxwell Fyfe's autobiography, published in 1964, refers to the factors which he took into consideration: "the evidence of the trial, medical reports, family or other private circumstances ... and police reports, ... the available precedents, and ... public opinion".
He also stated that, despite the mitigating circumstances, this is the most extensive case of child sex crimes that he has ever been involved in. It was also noted during the hearing, in a statement made by the prosecution, how convictions were only sought against crimes for which there was complete photographic evidence. It was noted how Huckle's ledger contained details of 200 children that had been abused but that they have been unable to access certain encrypted sections of his hard drive to obtain evidence. At the Old Bailey on 6 June 2016, Judge Peter Rook QC sentenced Huckle to life imprisonment on 22 counts with a minimum prison term of 25 years before being eligible to apply for parole.
After convicting Whitaker jurors had to decide whether or not he should be sentenced to death or life in prison. On February 23 the jury recommended that he be put to death and Judge Carolyn Friedland agreed and formally sentenced him on March 26, saying that the mitigating circumstances "pale in comparison to the barbarity of the evidence." DeFreeze's mother told the court that “death is too good for him and I won’t believe he has any remorse until he suffers like my daughter suffered.” DeFreeze’s father told Whitaker “when you get where you’re going, you’re going to get what you got coming, before you get to the gas, lethal injection chamber, and that “my baby didn’t have a chance.” The woman Whitaker had attacked in 2005 supported his death sentence.
A combatant who is a POW, and who is subsequently paroled on the condition that he will not take up arms against the belligerent power (or co-belligerent powers) that had held him as a prisoner, is considered a parole violator if he breaks said condition. He is regarded as guilty of a breach in the laws and customs of war, unless there are mitigating circumstances such as coercion by his state to break his parole. As with other combatants, he is still protected by the Third Geneva Convention (GCIII), until a competent tribunal finds him in violation of his parole. The Geneva Convention (1929) made no mention of parole, but as it was supplemental to the Hague conventions, it relied on the wording of Hague to address this issue.
The United States does not have a specific guideline to sentencing murderers, including serial killers. When a killer is apprehended, he will be charged with murder, and if convicted can get life in prison or receive the death penalty, depending on in which state the murders took place. Generally speaking, each victim of a murder will merit a separate charge of murder against the offender, and as such, the killer could get a life sentence, a death sentence, or some other determinate or indeterminate sentence based upon the number of murders, the evidence presented, and any aggravating or mitigating circumstances present. Such a compounded sentence may be tailored to run consecutively, with one sentence beginning after completion of another, or concurrently, where all or most of several sentences is served together.
Under subsequent police interrogation she claimed to have been coerced into carrying the drugs by a criminal gang that had made threats against her family, and took part in a sting operation to arrest several other individuals she alleged to be part of a drugs trafficking ring. In December 2012, she was convicted of drug smuggling at Denpasar District Court and sentenced to death by firing squad in January 2013. By contrast, the others involved in the case were convicted of lesser drugs-related offences and received custodial sentences. Prosecutors had recommended Sandiford should also receive a custodial sentence because of her willingness to cooperate with police, but the panel of judges overseeing the hearing felt her actions had undermined Indonesia's anti-drugs policy and concluded there were no mitigating circumstances in her favour.
The United States Court of Appeals for the Fifth Circuit, in a three judge panel, determined that Washington had been ineffectively represented. However, the state of Florida appealed the decision, and the appeal occurred while the United States Court of Appeals for the Eleventh Circuit was statutorily created from a part of the Fifth Circuit. The United States Court of Appeals for the Eleventh Circuit en banc, reversed the Fifth Circuit's ruling, stating that the Sixth Amendment accorded [466 U.S. 668, 669] criminal defendants a right to counsel rendering "reasonably effective assistance given the totality of the circumstances." After outlining standards for judging whether a defense counsel fulfilled the duty to investigate nonstatutory mitigating circumstances and whether counsel's errors were sufficiently prejudicial to justify reversal, it remanded the case for application of the standards.
"In Canada the legal definition of a hate crime can be found in sections 318 and 319 of the Criminal Code". In 1996 the federal government amended a section of the Criminal Code that pertains to sentencing. Specifically, section 718.2. The section states (with regard to the hate crime): A court that imposes a sentence shall also take into consideration the following principles: (a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing, (i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor, . . .
On 5 December they were sentenced to execution by hanging. The sentence was ratified by the Executive Council of New South Wales on 7 December, with Gipps later saying in a report that no mitigating circumstances could be shown for any of the defendants, and it could not be said that any of the men were more or less guilty than the rest. The seven men, Charles Kilmeister, James Oates, Edward Foley, John Russell, John Johnstone, William Hawkins and James Parry, were executed early on the morning of 18 December 1838. The four remaining accused, Blake, Toulouse, Palliser and Lamb, were remanded until the next session to allow time for the main witness against them, an Aboriginal boy named Davey, to be prepared in order to take a Bible oath.
" On the other hand, his host remembers the accusations of ritual murder, "the incitation of the hierarchy, the superstition of the populace, the propagation of rumour in continued fraction of veridicity, the envy of opulence, the influence of retaliation, the sporadic reappearance of atavistic delinquency, the mitigating circumstances of fanaticism, hypnotic suggestion and somnambulis".Ulysses, p811, quoted in Given the tension between the story of Hugh, murdered by Jews, and the symbolic story that Göller describes, he concludes that the "introduction of details from the Hugh of Lincoln story is thus in all probability a secondary phenomenon. It is very difficult to say when the amalgamation took place. Events such as the discovery of the bones of the murdered little boy in Lincoln Minster could have been a catalyst.
Voluntary manslaughter occurs when the defendant kills with mens rea (an intention to kill or cause grievous bodily harm), but one of those partial defences which reduce murder to manslaughter applies (these consist of mitigating circumstances which reduce the defendant's culpability). The original mitigating factors were provocation and chance medley which existed at common law, but the former has been abolished by statute, the latter has been held no longer to existR v Semini [1949] 1 KB 405, 33 Cr App R 51, CCA and new defences have been created by statute. The Homicide Act 1957 now provides two defences which may be raised to allow the court to find the accused guilty of voluntary manslaughter: diminished responsibility and suicide pact. The Coroners and Justice Act 2009 creates the defence of "loss of control".
The Supreme Court in Shanker Kisanrao Khade v. State of Maharashtra, April 2013, acknowledged that the difficulty in the application of ‘rarest of rare’ since there is lack of empirical data for making two fold comparison between murder (not attracting death penalty) and murder (attracting penalty). The Court also envisaged a new triple test, while awarding the death sentence and it required ‘crime test’. ‘criminal test’ and the ‘rarest of rare test’ and this test was not equivalent to ‘balance test’. The Court stated that the death sentence can only be inflicted, once they satisfy the ‘crime test 100%’, ‘criminal test 0%’ (there must no mitigating circumstances favoring the accused) such as possibility of reform, young age of the accused, lack of intention to commit the crime, no antecedents of criminal record.
Preponderance of the evidence (American English), also known as balance of probabilities (British English), is the standard required in most civil cases and in family court determinations solely involving money, such as child support under the Child Support Standards Act, and in child custody determinations between parties having equal legal rights respecting a child (typically the parents of a child who are divorced, separated, or otherwise living apart, assuming that neither has been found unfit). It is also the standard of proof by which the defendant must prove affirmative defenses or mitigating circumstances in civil or criminal court. In civil court, aggravating circumstances also only have to be proven by a preponderance of the evidence, as opposed to beyond reasonable doubt (as in criminal court). The standard is met if the proposition is more likely to be true than not true.
After only 36 hours, and with at least two to three days (estimate as high as five by Turner) needed to unload supplies to the Marines fighting on Guadalcanal, Fletcher ordered carriers to pull out of the immediate critical invasion operation, leaving many supply ships unloaded and vulnerable to Japanese attack, and with no carrier air support for ground forces. As a result of all these mitigating circumstances, problems and misjudgments, both Admirals Nimitz and King became highly concerned with the precarious state of the conflict and Ghormley's ability to command in a sound manner. In consequence, Vice Admiral William F. Halsey flew to Nouméa on October 16, 1942 to interview Ghormley and his staff. It became apparent to Admiral Nimitz that Ghormley and his staff did not have answers to serious questions that they should have had.
The Supreme Court recognized that the mitigating factors includes the mental condition, the age of the accused, the possibility of reforming or that the person committed the crime under the superior orders. The Supreme Court recognized and emphasized on the individual yet principled sentencing of the death sentence, the court refused to create categories, instead provided discretion to the judges to apply the principled reasoning of inflicting death sentence in each individual case on the basis of aggravating and mitigating circumstances. In the dissenting opinion written by Justice P. N. Bhagawati in August 1982, two years after the majority’s decision, he held the death penalty to be unconstitutional. He opined that the capital sentencing system, which required ‘special reasons’ without any guidance on its meaning, essentially left decision-making to the subjective assessment of individual judges, making it arbitrary.
SSG drew its personnel from officers (lower ranks might have undergone officer training to be able to serve in the unit) of all three branches of the military, however mainly from Life Regiment Hussars (K 3) (Airborne & Reconnaissance Infantry), Kustjägarna (Marine Rangers), Army Ranger Battalion and each applicant must have passed a two- week-long grueling selection process. Before selection took place, the applicants were invited to attend a pre-selection weekend, where they would have been tested and given notice of the likelihood of failure or success and how to improve themselves. Selection might only have been attempted once unless there were certain mitigating circumstances that caused the applicant to fail. Because of its level of secrecy, the time it took to train a recruit had not been made public by the SSG but according to the armed forces´ website, basic operator training took more than one year.
In another case that sparked outrage, in 2006, the Court of Cassation ruled that a 41-year-old man who raped his 14-year-old stepdaughter can seek to have his sentence reduced on mitigating circumstances, due to the fact that the girl had been already sexually active and "since the age of 13 had had many sexual relations with men of every age and it's right to assume that at the time of the encounter with the suspect her personality, from a sexual point of view, was much more developed than what one might normally expect from a girl of her age". UNICEF in Italy stated that the decision "seriously violates human rights and the dignity of a minor." In a survey by United Nations, for 100 women that suffered sexual violence in their lifetimes, 14% had experienced attempted rape and 2.3% had experienced rape .
During the trial none of the defendants claimed that they had not carried out these acts; only that there were "mitigating circumstances". At one point Ochoa mused over what had brought him to this point, saying that initially he was trying to help secure weapons and other materials needed for his troops, and then one thing led to another. The Military Court found him guilty of all charges, including the capital offense of treason. Prosecutors had presented evidence that at least one pilot involved in the transfer of drugs had been contracted by the CIA, and argued that if the United States government instead of the Cuban government had discovered and revealed the involvement of high level Cuban military personnel in drug trafficking, that would have provided an excuse for invading Cuba (less than a year later, the US invaded Panama using Noriega's alleged involvement in drug trafficking as the justification).
Instead of arguing the conventions should never be denounced, Dönitz suggested it was not expedient to do so, so the court found against him on this issue; but as the convention was not denounced by Germany, and British prisoners in camps under Dönitz's jurisdiction were treated strictly according to the Convention, the Court considered these mitigating circumstances. Albert Speer, Dönitz, and Alfred Jodl Among the war-crimes charges, Dönitz was accused of waging unrestricted submarine warfare for issuing War Order No. 154 in 1939, and another similar order after the Laconia incident in 1942, not to rescue survivors from ships attacked by submarine. By issuing these two orders, he was found guilty of causing Germany to be in breach of the Second London Naval Treaty of 1936. However, as evidence of similar conduct by the Allies was presented at his trial, his sentence was not assessed on the grounds of this breach of international law.
After unsuccessful negotiations, a third trial to re-determine the amount of damages was set for October 4, 2010, later rescheduled to November 1, 2010. For this trial, the jury was instructed that the issues of the defendant's liability and willfulness had been determined by a previous jury, and in determining the damage amounts, it "may consider the willfulness of the defendant's conduct, the defendant's innocence, the defendant’s continuation of infringement after notice or knowledge of the copyright or in reckless disregard of the copyright, the effect of the defendant’s prior or concurrent copyright infringement activity, whether profit or gain was established, the value of the copyright, the need to deter this defendant and other potential infringers, and any mitigating circumstances." The amounts were to be assessed within the statutory range of $750 to $150,000 per song. On November 4, 2010, a jury in Minneapolis decided that the amount should be $62,500 per song, for a total award to the plaintiffs of $1.5 million.
Moreover, the uncontrolled and unguided arbitrary discretion in the judges to impose capital punishment violates Article 14 of the Indian Constitution and the petitioners contended that the procedure for consideration of circumstances in order to pronounce finding and reasoning to make judicial decision between capital punishment and life imprisonment is not available under CrPC, 1898, therefore it violated Article 21 of the Indian Constitution. However, the Supreme Court of India refused to accept the argument and held that the death sentence is pronounced after detailed recording and evaluation of the aggravating and mitigating circumstances, thus such procedure justifies the imposition of capital punishment and does not violate Article 21 of the Indian Constitution. Moreover, the criticism of judge-centric or wide discretion on the judges on the fixation of the punishment is subject to the scrutiny of the superior judges and premised on the well recognized judicial principles. The judgment also discussed the U.S Supreme Court Decision in Furman v.

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