CIRCUMSTANCE

circumstance,n. (often pl.) An accompanying or accessory fact, event, or condition, such as a piece of evidence that indicates the probability of an event. — circumstantial,adj. aggravating circumstance. 1. A fact or situation that increases the degree of liability or culpability for a criminal act. 2. A fact or situation that relates to a criminal offense or defendant and that is considered by the court in imposing punishment (esp. a death sentence). • Aggravating circumstances in death-penalty cases are usu. pre-scribed by statute. For a list of aggravating circumstances in a capital-murder case, see Model Penal Code § 210.6(3). — Also termed aggravating element; aggravating factor; aggravator. Cf. mitigating circumstance; MITIGATOR. [Cases: Sentencing and Punishment  53, 589, 1652. C.J.S. Criminal Law §§ 1460, 1465, 1472, 1479, 1492–1493, 1495, 1524, 1526, 1530–1532, 1534–1538, 1541–1543.] attendant circumstance.A fact that is situationally relevant to a particular event or occurrence. • A fact-finder often reviews the attendant circumstances of a crime to learn, for example, the perpetrator’s motive or intent. exigent circumstances. 1. A situation that demands unusual or immediate action and that may allow people to circumvent usual procedures, as when a neighbor breaks through a window of a burning house to save someone inside. 2. A situation in which a police officer must take immediate action to effectively make an arrest, search, or seizure for which probable cause exists, and thus may do so without first obtaining a warrant. • Exigent cir-cumstances may exist if (1) a person’s life or safety is threatened, (2) a suspect’s escape is imminent, or (3) evidence is about to be removed or destroyed. — Also termed emergency circumstances; special circumstances. extenuating circumstance.See mitigating circumstance. extraordinary circumstances.A highly unusual set of facts that are not commonly associated with a particular thing or event. incriminating circumstance.A fact or situation showing either that a crime was committed or that a particular person committed it.mitigating circumstance. 1. A fact or situation that does not justify or excuse a wrongful act or offense but that reduces the degree of culpability and thus may reduce the damages (in a civil case) or the punishment (in a criminal case). [Cases: Damages  59; Sentencing and Punishment  54, 590, 1653. C.J.S. Damages §§ 167, 169–170, 172, 174.] 2. A fact or situation that does not bear on the question of a defendant’s guilt but that is considered by the court in imposing punishment and esp. in lessening the severity of a sentence. A court’s or jury’s power to consider mitigating circumstances cannot be limited by statute. See Lockett v. Ohio, 438 U.S. 586, 606, 98 S.Ct. 2954, 2965 (1978). For a list of mitigating circumstances in a capital-murder case, see Model Penal Code § 210.6(4). [Cases: Sentencing and Punishment  54, 590, 1653.] 3.Contracts. An unusual or unpredictable event that prevents performance, such as a labor strike. — Also termed extenuating circumstance. Cf. aggravating circumstance. [Blacks Law 8th]