Legal Definitions - aggravating circumstances

Aggravating circumstances are factors that make a criminal act more severe or blameworthy. These factors can lead to a harsher punishment for the convicted criminal. Some examples of aggravating circumstances include:

• The heinousness of the crime
• Lack of remorse
• Prior conviction of another crime

Aggravating circumstances vary by jurisdiction, meaning that different places may recognize different factors as aggravating. The opposite of an aggravating circumstance is a mitigating factor, which provides reasons why the punishment for a criminal act should be lessened.

For example, in the case of Cunningham v. California, the Supreme Court ruled that a jury can only use aggravating circumstances to impose a harsher sentence than usual if they have found those factors to be true beyond a reasonable doubt. However, prior convictions do not need to be proven beyond a reasonable doubt.

In cases involving capital punishment, the Eighth Amendment requires additional aggravating factors demonstrating greater culpability to support the imposition of the death penalty. For instance, in Loving v. U.S., the Supreme Court held that there must be additional aggravating factors to support the death penalty. In Hildwin v. Florida, the Court held that allowing a judge to find the aggravating circumstances authorizing a death sentence does not violate the Sixth Amendment right to a jury trial.

One example of an aggravating circumstance that can lead to a death sentence is murdering a sheriff while on duty, as stated in Magwood v. Patterson.

Overall, aggravating circumstances are important factors that can increase the severity of a criminal act and lead to harsher punishments for convicted criminals.