Define aggravating and mitigating circumstances.

Question

What will be an ideal response?

Answer 1

An aggravating circumstance is a type of conduct that increases the seriousness of the act, often resulting in a harsher punishment. For example, if a person has robbed a store, they have committed a crime. However, if the person used a gun while robbing the store, the use of the deadly weapon would be an aggravating circumstance. A mitigating circumstance is an act that lessens or reduces the seriousness of the crime and the severity of its punishment. For example, if a person was very young or had never committed a crime before, the jury may be persuaded by that information to convict the defendant on a lesser charge or recommend a reduced sentence. In the sentencing phase of a bifurcated capital trial, the defense is responsible for presenting evidence that would mitigate the seriousness of the crime. The prosecution has the task of presenting aggravating evidence to the jury, in an attempt to sway the jury’s likelihood of handing down a capital sentence.