Modifying Circumstances Flashcards
1
Q
Justifying circumstances (6)
A
- Self defense
- Defense of relatives
- Defense of strangers
- State of necessity
- Fulfillment of a duty
- Obedience to a lawful order
2
Q
Exempting circumstances (7)
A
- imbecile or instance person
- below 15 years old
- 15-18 but without discernment
- accident
- Irresistible force
- Uncontrollable fear
- Insuperable cause
3
Q
Mitigating circumstances (10)
A
- Incomplete self-defense
- 15-18 but with discernment; > 70
- Praeter intentionem
- Provocation/Threat
- Immediate vindication of a grave offense
- Passion/Obfuscation
7.Voluntary surrender/Confession - Physical defect which restricts
- Illness that would diminish will-power
- Analogous
4
Q
Aggravating circumstances (21)
A
- Advantage of public position
- With insult to the public authorities
- Disregard of R A S, dwelling
- Abuse of confidence/Obvious ungratefulness
- In the place of Chief Executive, or in his presence; where public authorities are engaged in the discharge of their duties or in a place dedicated to worship
- Nighttime/Uninhabited place; by a band (4+ armed malefactors)
- Calamities/Misfortune
- Aid of armed men
- Recidivism
- Previously punished for offense that attaches equal or greater penalty OR for 2/more crimes with a lighter penalty
- In consideration of price, reward or promise
- Artifice involving great waste and ruin
- Evident premeditation
- Craft/Fraud/Disguise
- Superior strength/weaken defense
- Treachery
- Ignominy
- Unlawful entry
- Breaking wall, roof, floor, door or window
- Aid of minors; with motor vehicles…
- Cruelty
