Question

Class: Criminal Law

Question: Explain the difference between aggravating and mitigating factors.

Answer 1

Aggravating and Mitigating factors are in contrast to one another but these play a vital role on the nature and severity of sanctions being imposed on the offenders. These factors are usually uncontroversial, well-known, uncomplicated and well established. Other than the importance of aggravating and mitigating factors to criminal punishment, there is hardly any unifying rationale which could explain or justify them. These factors are developed and applied as per the demand of the case and the situation in an impressionistic manner to convince the jury.Jurisdiction of some countries have relatively few considerations that increase or decrease penalties, on the other hand jurisdiction of some other countries have lots of such considerations. Interestingly, these considerations have no consistency.  

The evidences offered to merit a harsh sentence during trial are aggravating factors while Mitigating factors are offered to support leniency in sentencing.

Aggravating evidence may include prior record of similar convictions and also related to the circumstances of the offense done like the weapons used and the severity of the injuries suffered by the victim. Hate crime, vulnerability of the victim and the leadership role in concocting and operating a crime.

Mitigating evidence relating to the character of the defendant may be offered in the court based on its relevance in the process of sentencing. Some of the mitigating factors, which may be offered for consideration are: Mental or physical disability, Culpability of the victim, lack of prior criminal record, Genuine remorse, Minor role in the offense, Circumstances leading to the crime such as stress, provocation etc. and history of circumstances like abuse, self-defense etc.