Aggravating circumstances - sustany/dvg GitHub Wiki

Aggravating circumstances refers to the factors that increase the severity or�culpability�of a�criminal act. Typically, the presence of an aggravating circumstance will lead to a harsher�penalty�for a convicted�criminal.�

Some generally recognized aggravating circumstances include heinousness of the crime, lack of remorse, and prior�conviction�of another crime. Recognition of particular aggravating circumstances varies by�jurisdiction.

A�mitigating factor�is the opposite of an aggravating circumstance, as a mitigating factor provides reasons as to why punishment for a criminal act sought to be lessened.�

Using Aggravating Circumstances:

In�Cunningham v. California, 549 U.S. 270 (2007),�the�Supreme Court�held that a jury may only use aggravating circumstances to impose a harsher�sentence�than usual when the�jury�had found those factors to be�true beyond a reasonable doubt. The�Cunningham�court, however, also stated that�prior convictions do not need to be proven beyond a reasonable doubt.�

Capital Punishment:

In Loving v. U.S., 517 U.S. 748 (1996), the Supreme Court held that the Eighth Amendment requires additional aggravating factors demonstrating greater culpability to support the imposition of capital punishment. Similarly, in In Hildwin v. Florida, 490 U.S. 638 (1989), the Court held that allowing a judge to find the aggravating circumstances authorizing a death sentence does not contravene the Sixth Amendment right to jury trial.

In�Magwood v. Patterson, 561�U.S. 320 (2010), the Supreme Court wrote that�murdering�a sheriff while on duty is an aggravating circumstance "sufficient for a�death sentence."

18 U.S.C. � 3592(b)�(d)�contains�aggravating factors to be considered in death-penalty cases.