Which of the following is an example of an aggravating circumstance?
Examples of aggravating circumstances in capital cases include murders where two or more victims are killed, murders of vulnerable victims (children or elderly people), murders for hire, murders committed in a cruel or heinous manner (torture), and murders of police officers.
What does aggravation mean in law?
A crime or tort is aggravated if the circumstances make it worse or more serious than it would otherwise be.
What is the key difference between a mitigating circumstance and an aggravating circumstance?
Mitigating factors are extenuating circumstances that might lead to a reduced sentence. Aggravating factors are circumstances that increase the defendant’s culpability and could lead to an enhanced or maximum sentence.
What is the effect of qualifying aggravating circumstances?
It has the effect of increasing the penalty for the crime to its maximum period, but it cannot increase the same to the next higher degree. It must always be alleged and charged in the information, and must be prove[d] during the trial in order to be appreciated.
What is aggravating circumstances of dwelling?
The aggravating circumstance of dwelling requires that the crime be wholly or partly committed therein or in any integral part thereof. Dwelling does not mean the permanent residence or domicile of the offended party or that he must be the owner thereof.
What are some examples of aggravating factors?
Any fact or circumstance that increases the severity or culpability of a criminal act. Aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, among many others. The recognition of particular aggravating factors varies by jurisdiction.
What are the aggravating circumstances under the Revised Penal Code?
— The following are aggravating circumstances: 1. That advantage be taken by the offender of his public position. 2. That the crime be committed in contempt or with insult to the public authorities.