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Mitigating Circumstances
Sometimes referred to as extenuating circumstances, they are those circumstances that reduce either the gravity of the offense or the blameworthiness of the offender. The age of the defendant; the absence of a prior record; the role of the offender in the commission of the offense (instigator or accomplice); a history of abuse, provocation, emotional disturbance; or evidence of mental illness might serve as mitigating circumstances. Mitigating circumstances are most often introduced by the defense, are generally considered at sentencing, and become particularly prominent in death penalty cases. A sentence of death typically follows a finding that the aggravating circumstances outweigh the mitigating circumstances.
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