What is a mitigating factor in the United States?

Q: What is a mitigating factor in the United States?


A: A mitigating factor is something that can help a person avoid getting the death penalty when they commit a capital crime.

Q: What does "mitigate" mean in the context of the law?


A: "Mitigate" means to decrease.

Q: What is an example of an aggravating factor that can result in a more severe punishment?


A: An aggravating factor is something that is likely to cause a more severe punishment. An example of this could be if the person committed a particularly brutal or heinous crime.

Q: Do mitigating factors automatically result in a decrease in punishment?


A: No, mitigating factors do not automatically result in decreased punishment.

Q: What is an important thing to keep in mind about mitigating factors?


A: Mitigating factors are not an excuse for committing a crime. They may help explain what caused a person to commit a crime, but they do not mean the person did nothing wrong.

Q: How do judges and juries consider mitigating factors?


A: Judges and juries also consider aggravating factors when deciding on a punishment for a crime. They balance mitigating and aggravating factors to determine an appropriate punishment for the crime.

Q: Can mitigating factors completely negate or excuse a capital crime?


A: No, mitigating factors cannot completely negate or excuse a capital crime. They can only help decrease the punishment given for the crime.

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