Tennessee Motion to Bar Use of Certain Aggravating Circumstances
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How to fill out Motion To Bar Use Of Certain Aggravating Circumstances?
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FAQ
Typical examples of aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, and many others. See also: Mitigating Factor, Criminal Procedure, and the Death Penalty.
Overview of Aggravating and Mitigating Factors Judges have some discretion with regard to sentencing, and a sentencing hearing allows both prosecutors and defendants the chance to present evidence for the court to consider. Aggravating factors may increase a sentence, while mitigating factors may decrease a sentence.
Common Aggravating Factors Prior convictions. The defendant's criminal record contains several prior convictions or convictions that are of increasing seriousness. Vulnerable victim. ... Weapon. ... Hate crime. ... Harm. ... Major offense. ... Leadership and sophistication.
Some generally recognized aggravating circumstances include heinousness of the crime, lack of remorse, and prior conviction of another crime.
Aggravating circumstances generally include evidence of future dangerousness, evidence relating to the circumstances of the crime, the defendant's prior criminal record, and evidence about the victim and victim's family.
This evidence, which can include mental problems, remorse, youth, childhood abuse or neglect, a minor role in the homicide, or the absence of a prior criminal record, may reduce the culpability of the defendant in the killing or may provide other reasons for preferring a life sentence to death.
Where there are aggravating circumstances, the defendant's penalty or punishment is usually more severe. For example, an assault happens whenever a person threatens to injure another person. If a dangerous weapon is used in the threat, it becomes an ?aggravated assault.?