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circumstance legal definition
noun
An act, condition, event, or
fact connected with another act, condition, event, or fact either as an
accessory or as a contributing or determining element.
aggravating circumstance
A circumstance that increases the culpability or liability
of a person or the measure of damages or punishment for a crime or tort.
exigent circumstance
- An urgent situation that demands extraordinary or immediate action. Such a circumstance often allows for the circumvention of procedures that would otherwise be required by law. For example, if a car hits a child, the fact that immediate medical attention is needed to save the childÂ’s life is an exigent circumstance that excuses the physicianÂ’s treatment of the child before parental consent is obtained.
- An urgent situation in which a law enforcement officer who has probable cause must take immediate steps to make an arrest, search, or seizure without a warrant because someoneÂ’s life or safety is at risk or because there is an imminent threat that a suspect will escape or evidence will be removed or destroyed.
mitigating circumstance
- A circumstance (such as having a mental defect at the time of the wrongdoing) that does not exonerate, but reduces the culpability of, a person for a tort or crime he has committed and that may result in a reduction of the damages or punishment to be imposed. See also diminished capacity.
- A circumstance (such as turning oneself in for arrest) that does not reduce a personÂ’s culpability for a crime he has committed, but that may result in a reduction of the punishment to be imposed. See also negligence and defense.
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