United States[ edit ] In the U. Although it has been argued that the defendant should be able to offer evidence questioning the morality of the death penalty or descriptions of the execution process, no court has allowed such testimony. The effect of these decisions is to broaden the definition of mitigating factors related to mental illness within the U.
This opinion was rendered, even though California has a clear statutory bar to this application. If the offender was provoked but cannot be considered to have acted in self-defense, then the provocation can be used as a mitigating factor but not as a legal defense.
The defendant had argued that this use of psychological evidence define extenuating circumstances business plan a California statute prohibiting the use of serious mental illness as an aggravating factor. The sentence, with certain exceptions in capital cases, is within the sole discretion of the judgesubject to the statutory prescriptions as to the kind and maximum of punishment.
India[ edit ] According to the Indian procedure the provision of Section 2 of Criminal Procedure Code calls upon the Court that the convicted accused must be given an opportunity of being heard on the question of sentence. Ohio that a defendant facing the death penalty is entitled to present any aspect of character or record, and any circumstance of the offense that might serve as a basis for a sentence less than death.
The court may limit evidence not pertaining to these issues as "irrelevant". The most important result of this rule in earlier times was to enable a jury to prevent the infliction of capital punishment for murder now abolished. It remains controversial whether a psychiatric test should be such a determinant.
Besides the statutory provisions, the Constitution of India also empowers the President and the Governor of the State to grant pardon to the condemned offenders in appropriate cases. Dretke, a case in which the prosecution sought to exclude evidence of a low IQ in the penalty phase of the trial.
Thus the Court has stressed that because of the constitutional requirement of the fundamental respect for human dignity set out by the Eighth Amendment to the United States Constitutioninformation must be provided on the character and previous history of the defendant, as well as the circumstances surrounding the particular offense.
However, there is no evidence so far that expert testimony does influence the jury on sentencing outcomes in death penalty cases.
By legal system[ edit ] England and Wales[ edit ] According to English and Welsh procedure, the jury has no power to determine the punishment to be awarded for an offense.
It is common practice for juries to add to their verdict, guilty or not guiltya rider recommending the accused to mercy on the ground of grave provocation received, or other circumstances which in their view should mitigate the penalty. These powers are, however, co-extensive with the legislative powers.
In a series of decisions sincethe United States Supreme Court has attempted to make the sentence of death in the United States less arbitrary by emphasizing that the judge or jury must be given the opportunity to consider all mitigating evidence before determining the sentence.
Approximately one half of U. Chris Hatcherwho presented "profile evidence" as an aggravating factor in the sentencing phase of a capital crime in this case the murder of a child after the defendant pleaded guilty.
The Sentencing Council of England and Wales lists the following as possible mitigating factors: The power to cut short a sentence by an act of executive in India and elsewhere.
They are not bound to say anything about the matter, but the whole or the majority may qualify the verdict by finding extenuationand if they do, the powers of the court to impose the maximum punishment are taken away and the sentence to be pronounced is reduced in accordance with the scale laid down in art.
This provides the accused an opportunity to place his antecedents, social and economic background and mitigating and extenuating circumstances before the court.b. Preferences. The plan must define each preference adopted for use in the property and any rating, ranking, or combining of the policy to consider extenuating circumstances in cases when Chapter 4: Waiting List and Tenant Selection.
extenuating - partially excusing or justifying; "extenuating circumstances" exculpatory - clearing of guilt or blame. extenuating. adjective mitigating, qualifying, justifying, moderating, serving as an excuse There were extenuating circumstances for her crime.
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The time you spend making your business plan thorough and. Extenuating definition: If you say that there are extenuating circumstances for a bad situation or wrong action, | Meaning, pronunciation, translations and examples.
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—International Business Times. Define extenuating circumstances (noun) and get synonyms. What is extenuating circumstances (noun)? extenuating circumstances (noun) meaning, pronunciation and more by Macmillan Dictionary.Download