Mitigating Circumstances
The term mitigating circumstances is primarily confined to criminal proceedings. It refers to conditions of the crime which, while not justifying or excusing the behavior, may be taken into consideration by the judge when determining sentence.
For example, a man works two jobs at minimum wage. His spouse suffers from Type I diabetes. Since this type of employment typically does not include any type of health coverage, the man has no means of affording her life-sustaining medication. In desperation, he breaks into a pharmacy in the dead of night and steals insulin. In a case such as this, a sympathetic judge may choose to reduce or even suspend the sentence normally associated with such a burglary.
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Another mitigating circumstance frequently considered is a history of abuse, in which a woman finally murders a spouse by whom she has been battered for an extended period of time. "Crimes of passion" often fall into this category as well; i.e., a woman comes home and discovers her husband having sexual relations with a neighbor, and becomes so angry that she kills one or both of them with the nearest weapon, such as a knife or a bludgeon. (Were she to use a firearm, the fact that she had such a weapon in her possession would raise serious questions regarding premeditation.)
Normally, the power to determine whether or not mitigating circumstances exist is reserved solely to the judge in the case; however, a jury may make a recommendation of leniency if considered warranted.