Extenuating circumstances

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In law, extenuating circumstances are criminal cases in which, though an offense has been committed without legal justification or excuse, its gravity, from the point of view of punishment or moral opprobrium, is mitigated or reduced by reason of unusual or extreme facts leading up to or attending the commission of the offense.

According to English procedure, the jury has no power to determine the punishment to be awarded for an offense. The sentence, with certain exceptions in capital cases, is within the sole discretion of the judge, subject to the statutory prescriptions as to the kind and maximum of punishment. It is common practice for juries to add to their verdict, guilty or not guilty, a rider recommending the accused to mercy on the ground of grave provocation received, or other circumstances which in their view should mitigate the penalty.

Quite independently of any recommendation by the jury, the judge is entitled to take into account matters proved during the trial, or laid before him after verdict, as a guide to him in determining the quantum of punishment.

Under French law (Code d'instruction criminelle, art. 345), it is the sole right and the duty of a jury in a criminal case to pronounce whether or not the commission of the offense was attended by extenuating circumstances (circonstances atténuantes). They are not bound to say anything about the matter, but the whole or the majority may qualify the verdict by finding extenuation, and 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. 463 of the Code penal. 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).

In cases of what is termed "crime passionnel," French juries, when they do not acquit, almost invariably find extenuation; and a like verdict has become common even in the case of cold-blooded and sordid murders.

In Academia

In schools, colleges and universities, students are entitled to declare mitigating circumstances if their coursework or exam performance is affected by circumstances beyond their control. This may come about because of a clash in time table or even personal matters. If such circumstances are declared, the examiner can take this into consideration and factor this into their result. Mitigating circumstances are not limited to, but can include:

• Ill health
• a serious family emergency
• work commitments (Covering for someone who fell ill, for instance)
• transport difficulties (they arrive late due to an serious accident or cannot attend due to industrial action)
• bereavement
• Jury service (in common law juristictions)
• having to care for someone
• Hospital appointment that clashes with a deadline or examination
• legal problems
• force majure (only in extreme cases)

See also

• Aggravating circumstance
• Attendant circumstance
• Exigent circumstance

This article incorporates text from the Encyclopædia Britannica, Eleventh Edition, a publication now in the public domain.