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
transport difficulties bereavement
Jury service having to care for someone
hospital, or other appointment, that clashes with a deadline or examination
legal problems industrial action
force majeure Law
In law, extenuating circumstances in criminal cases are unusual or extreme
facts leading up to or attending the perpetration of the offense which,
although an offense has been perpetrated without legal justification or excuse,
mitigate or reduce its gravity from the point of view of punishment or moral
opprobrium. = England and Wales =
According to English and Welsh 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. = India =
According to the Indian procedure the provision of Section 235(2) of Criminal
Procedure Code calls upon the Court that the convicted accused must be given an
opportunity of being heard on the question of sentence. This provides the
accused an opportunity to place his antecedents, social and economic
background and mitigating and extenuating circumstances before the
court. Besides the statutory provisions, the
Constitution of India also empowers the President and the Governor of the State
to grant pardon to the condemned offenders in appropriate cases. These
powers are, however, co-extensive with the legislative powers. The power to cut
short a sentence by an act of executive in India and elsewhere. It is
significant to note that the controversy raised in this regard in Nanavati's case
has been settled by the Supreme Court once for all in the case of SARAT
CHANDRA V/S. KHAGENDRA NATH which affirmed the principle that sentencing
power of judiciary and executive are readily distinguishable.
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/her after verdict, as a guide to determining the quantum of punishment.
= France = Under French law, it is the sole right
and the duty of a jury in a criminal case to pronounce whether or not the
perpetration of the offense was attended by extenuating circumstances. 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. See also
Aggravating circumstance Attendant circumstance
Exigent circumstance Canon 1324
This article incorporates text from a publication now in the public domain:
Chisholm, Hugh, ed.. Encyclopædia Britannica. Cambridge University Press.