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121 Sentences With "aggravating factor"

How to use aggravating factor in a sentence? Find typical usage patterns (collocations)/phrases/context for "aggravating factor" and check conjugation/comparative form for "aggravating factor". Mastering all the usages of "aggravating factor" from sentence examples published by news publications.

I think that attacking, killing a police officer should be an aggravating factor.
Anxiety over the succession is seen as an aggravating factor in Thailand's bitter political divide.
Jackson concluded that Wolfe's position as head of security for the Intelligence Committee was an "aggravating" factor.
An aggravating factor is that Mr Erdogan does not place much faith in his relationship with the West.
The fact that the victim was so intoxicated was an "aggravating factor warranting a prison sentence," Ms. Kianerci wrote.
He was charged with attempted murder in connection with a terrorist attack, with the aggravating factor of anti-semitism.
Wildfires are once again ravaging California, and if climate change isn't the culprit, it's an aggravating factor — an accomplice.
In six other cases in Texas, the court reopened cases, which used race as an aggravating factor in sentencing.
"That's an aggravating factor in my mind," Judge Durkin told lawyers at a hearing to unseal the court filing.
A Vatican statement said his crimes were made more serious by "the aggravating factor of the abuse of power".
But an aggravating factor is one created far away, in industrialised countries: climate change, and the drought it has exacerbated.
But in addition to all these long-standing ills is an aggravating factor created far away, in industrialised countries: climate change.
Jeffery Nance ruled that he would only consider Trump's comments as a mitigating factor in Bergdahl's sentencing – not an aggravating factor.
Three appeals-court judges confirmed the conviction and increased the sentence, arguing that being the president of Brazil was an aggravating factor.
Under current law, some jurors could decide on one aggravating factor, others could decide on another, and some could choose no factors.
The judge did say, however, that he would consider Trump&aposs comments as a mitigating factor, not an aggravating factor, in the sentencing.
One aggravating factor in this grim situation is that social media have made it easier than ever to propagate prejudice and target scapegoats.
The intimate relationship between the victim and the perpetrator, under the new law, must be considered an aggravating factor during any sentencing phase.
If you end up getting caught, the attempted subversion will be construed as a mitigating (it's a gray area!) rather than aggravating factor.
Between the lines: Think of climate change as an aggravating factor in our weather, rather than something that causes a specific event to occur.
To help people stop, doctors first rule out drugs such as antihistamines, antidepressants, A.D.H.D. medications, methamphetamine or heroin as a cause or aggravating factor.
But as the coronavirus spreads, taxing healthcare systems even in advanced countries, those sanctions are getting renewed criticism as an aggravating factor for the pandemic.
And then the jury has to vote unanimously not only for guilt, but also that the special aggravating factor has been established beyond a reasonable doubt.
So a jury could base its decision on one particular aggravating factor, but a judge could then rely on a different factor the jury never considered.
The stakes are high for the health-care industry and for political leaders to make sure health costs don't become an aggravating factor in the coronavirus outbreak.
That accusation is too old to be charged as a separate crime, but was introduced by prosecutors as an aggravating factor for the predatory sexual assault charges.
The accusation is too old to be charged as a separate crime, but it could act as an aggravating factor to support the predatory sexual assault charge.
A jury used Dawson's membership as an aggravating factor, but the Supreme Court ruled that prosecutors hadn't demonstrated his chapter engaged in or promoted racist, violent acts.
However, in these six other cases, the State confessed error, which Keller contends is a different issue than race being introduced as an aggravating factor by the defense.
"Delaying notification is unacceptable unless there is a very good reason and is, as I said, an aggravating factor when the Information Commissioner looks into such cases," he added.
The law in England and Wales does, in fact, allow for harsher penalties if certain types of prejudice are deemed to have been an aggravating factor in a crime.
But he said that an extremely aggravating factor in the sentencing was that Hastert lied to federal agents about the money and falsely claimed that the victim was extorting him.
They make clear that assistance with suicide given by a doctor to a patient under his or her care raises issues in regard to doctor-patient trust and, as such, must be regarded as an aggravating factor.
"This incident is not being treated as terror related but the hate crime aspect of the collision is being looked at by detectives as an aggravating factor," London's Metropolitan police said in a statement on Wednesday morning.
That accusation is too old to be charged as a separate crime, but was introduced by prosecutors as an aggravating factor for the charges of predatory sexual assault on which the jury suggested it may be deadlocked.
That accusation is too old to be charged as a separate crime, but was introduced by prosecutors as an aggravating factor for the charges of predatory sexual assault on which the jury suggested it may be deadlocked.
Last year, a standoff with the United States was an aggravating factor in a 30% fall in the lira, prompting an economic recession in the country which is heavily dependent on imports as well as foreign investors flows.
Federal law already stipulates that crimes committed against law enforcement can be considered an aggravating factor in weighing the imposition of capital punishment, and all 50 states have laws in place that heighten sentences for crimes against law enforcement.
"His antics are definitely an aggravating factor, and he can expect a longer sentence than he otherwise would have received," said Mark Allenbaugh, a co-founder of Sentencing Stats, LLC who previously worked for the U.S. Sentencing Commission that sets federal sentencing guidelines.
But an aggravating factor in doing that will be Trump's reported decision to seek advice from Roger Ailes, the former Fox News chairman who was recently removed from the company amid lurid allegations of sexism and workplace harassment by as many as 20 women.
Although it unclear whether Buck's death penalty sentence will be reaffirmed at a new sentencing hearing, the fact that race is being introduced by "experts" as an aggravating factor in sentencing determinations is incredulous and a further testament to the critical need for comprehensive criminal justice reform.
He was expected to be charged with kidnapping; arson; resisting arrest; intention to commit mass murder, because some students were still on the bus when it burst into flames; and terrorism as an aggravating factor, because he "created panic and threatened Italian institutions," said Alberto Nobili, one of the Milanese prosecutors assigned to the case.
Though the Judiciary Committee report indicates this evidence alone is enough to warrant Trump's impeachment, the report cites as an "aggravating factor" that Trump — through Giuliani and other allies — repeatedly dangled and withheld an Oval Office visit from Zelensky that the Ukrainian leader desperately wanted as a show of support amid his country's ongoing war with Russia.
This was an aggravating factor in the series of fatal explosions after the Lac-Mégantic derailment.
The heat wave is a possible aggravating factor in an encephalitis outbreak in Bihar which has killed over 100 children since 1 June.
CBS News reported an unverified claim that the bar served white patrons only, and noted the 25% unemployment rate as an aggravating factor.
Intentional homicide is punishable by death in most countries retaining capital punishment, but generally provided it involves an aggravating factor required by statute or judicial precedents.
B. 3096) and, based on those amendments, claimed that Simmons no longer applied.Shafer v. South Carolina, 532 U.S. 36 (2001). Pursuant to the amended scheme, jurors first decided whether an aggravating factor was present.
Many patients report that temperature may affect the severity of symptoms, especially cold as being an aggravating factor. However, there is some scientific debate on this subject, and some even report that cold may alleviate symptoms.
Nurmi had asked the high court to throw out the aggravating factor of cruelty because the judge had allowed it to go forward based on a different theory of how the murder occurred. The lead detective originally claimed that the gunshot occurred first, followed by the stabbing and slitting of the throat. Based on that theory, Stephens ruled there was probable cause to find the crime had been committed in an especially cruel manner, an aggravating factor under state law. Subsequent to this initial hearing, the medical examiner testified that the gunshot occurred postmortem.
The repeated use of the weapon was considered an aggravating factor by the Trial Chamber in reaching its decision. In January 2008, the prosecution filed an appeal to have the 33-year sentence increased to life in prison.
This section is part of the sentencing provisions and makes gender identity and gender expression an aggravating factor in sentencing, leading to increased sentences for individuals who commit crimes motivated by bias, prejudice or hate based on gender identity or expression.
Noting the disparity between Justice Breyer's continued rejection of Apprendi and concurrence in Ring, Justice Antonin Scalia added: :While I am, as always, pleased to travel in Justice Breyer's company, the unfortunate fact is that today's judgment has nothing to do with jury sentencing. What today's decision says is that the jury must find the existence of the fact that an aggravating factor existed. Those States that leave the ultimate life-or-death decision to the judge may continue to do so—by requiring a prior jury finding of aggravating factor in the sentencing phase or, more simply, by placing the aggravating-factor determination (where it logically belongs anyway) in the guilt phase. Justice Sandra Day O'Connor argued that the Court's decision would have serious consequences, opening up a flood of litigation from death-row inmates and creating uncertainty in the laws of nine other states that employed either total or partial judicial factfinding in death sentences.
Although routine physical activity could be an aggravating factor for migraine, physical exercise is considered to be part of a non-pharmacological strategy for migraine prevention. Migraine patients tend to have less pleasure in physical activity due to fear-avoidance and anxiety sensitivity.
The role of working-class Scots-Irish American culture in areas such as Appalachia is cited. Differing viewpoints between husband and wife may be an aggravating factor in terms of abuse, particularly when women hold beliefs in contrast to more ideologically hardline men.
However, when a crime is committed in the process and motives similar to those described above are subsequently proven in court, then those motives may be considered an aggravating factor in many jurisdictions, thus subjecting the offender(s) to a stiffer sentence.
In April 2018, Stewart took the Assaults on Emergency Workers (Offences) Private Member's Bill through the House of Commons, on behalf of the government, which doubled the maximum sentences for those who attack emergency services personnel and introduced sexual assault as an aggravating factor in sentencing.
For example, the word "Fenian" is regarded by authorities as a sectarian-related word in reference to Catholics. In 2003, the Scottish Parliament passed the Criminal Justice (Scotland) Act 2003 which included provisions to make an assault motivated by the perceived religion of the victim an aggravating factor.
While some research has claimed that consuming instant ramen two or more times a week increases the likelihood of developing heart disease and other conditions, including diabetes and stroke, especially in women, those claims have not been reproduced and no study has isolated instant ramen consumption as an aggravating factor.
Walton v. Arizona, 497 U.S. 639 (1990), was a United States Supreme Court case that upheld two important aspects of the capital sentencing scheme in Arizona — judicial sentencing and the aggravating factor "especially heinous, cruel, or depraved" — as not unconstitutionally vague. The Court overruled the first of these holdings in Ring v. Arizona, .
Penalties range from community service to up to 10 years of imprisonment. Committing a crime for religious reasons may also be considered an aggravating factor at trial. The law stipulates foreign missionaries may be issued a residency permit, hold meetings, and proselytize only if a registered domestic religious group invites them to conduct such activities.
Tianjin University has been building "love tents" to accommodate parents who have traveled there with their matriculating freshmen, letting them sleep on mats laid out on the gym floor. Commentators on social media have argued that the one-child policy has been an aggravating factor in the rise of helicopter parenting (see Little Emperor Syndrome).
Sheep-shagger (also spelt sheepshagger or sheep shagger) is a derogatory term, most often used to refer to Welsh people implying that the subject has sex with sheep. In a court case in Britain, the use of the term directed at a Welsh person was ruled to be a "racially aggravating" factor in a disorderly conduct offence.
4 (ethnic hatred as an aggravating factor), 11:8 (ethnic agitation) and 12:2 (warmongering). The points cited remain in force on the day of retrieval, checked from the Finnish version: Rikoslaki. The Government proposal HE 55/2007 will move the § 11:8 to §11:10 without changing the content, if the proposal is passed by the Parliament of Finland.
Georgia, the U.S. Supreme Court ruled that murder can be punished by death only if it involves a narrow and precise aggravating factor. The U.S. Supreme Court has placed two major restrictions on the use of the death penalty. First, the case of Atkins v. Virginia, decided on June 20, 2002, held that the execution of intellectually disabled inmates is unconstitutional.
Strangulation in the context of domestic violence is a potentially lethal form of assault. Unconsciousness may occur within seconds of strangulation and death within minutes. Strangulation can be difficult to detect and until recently was often not treated as a serious crime. However, in many jurisdictions strangulation is now a specific criminal offense, or an aggravating factor in assault cases.
In criminal law, a mitigating factor, also known as extenuating circumstances, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence. Unlike a legal defense, it cannot lead to the acquittal of the defendant. The opposite of a mitigating factor is an aggravating factor.
His lawyers argued that the aggravating factor of "exceptional depravity" was unconstitutionally vague. The court agreed and the state of Nebraska appealed to the United States District Court for the District of Nebraska. They overturned the appeal, saying that he had shown sadistic behavior by torturing Eberle and Walden. Joubert was executed on July 17, 1996 by the state of Nebraska in the electric chair.
Possessing a firearm or other weapon that could cause bodily injury or intimidate with the threat or fear of violence is an aggravating factor in criminal offending and can be a criminal offence on its own. Police responses to such behaviour can have potentially lethal consequences as the Police Armed Offenders Squad are trained to shoot to kill, if less lethal options do not resolve a situation.
Adobe Forums, Announcement: PDF Attachment Virus "Peachy", 15 August 2001. From time to time, new vulnerabilities are discovered in various versions of Adobe Reader, prompting the company to issue security fixes. Other PDF readers are also susceptible. One aggravating factor is that a PDF reader can be configured to start automatically if a web page has an embedded PDF file, providing a vector for attack.
On 28 July 2014 he was sentenced to 5 months in prison"Ivor Callely sentenced to five months in prison", The Irish Times, 28 July 2014. In passing sentence, Judge Mary Ellen Ring ruled that Callely's position at the time was an aggravating factor and said that a prison term was demanded by the public interest. He served his sentence at Wheatfield Prison in Clondalkin, Dublin.
Before Teresa's death, Syriani was charged with assault with a deadly weapon with intent to kill. This charge was changed to capital murder after her death. On June 12, 1991 he was sentenced to death in Mecklenburg County Superior Court, with the jury finding as an aggravating factor the crime being especially heinous, atrocious, or cruel. This outweighed the eight mitigating circumstances they also found.
The committee noted that an "aggravating factor" had been "the apparent presence of notable critics of Scientology, from several Internet organizations, apparently editing under their own names and citing either their own or each other's self-published material." The committee concluded that both sides had "gamed policy" and resorted to "battlefield tactics" to create articles that were either "disparaging or complimentary", with articles on living persons being the "worst casualties".
The bishops refused to obey the law and were arrested. In 1875, thanks to the intervention of the Duke of Caxias, the bishops received imperial pardon and were released. However, in the episode, the image of the Empire was worn next to the Catholic Church. And this was an aggravating factor in the crisis of the monarchy, since the support of the Catholic Church to the monarchy was always essential to its subsistence.
Montana is the only state where the sentence is decided by the trial judge alone rather than by a jury or by a three-judge panel. But the jury is the trier of facts for both the murder and the aggravating factor making the defendant eligible for the death penalty. The governor has the power of clemency with respect to death sentences. Lethal injection is the only method of execution provided by statutes.
Besides judges, prosecutors and some police agencies, only the recorded subject may request a copy of their personal Conviction Record. In Spain, conviction records are not 'expunged' as they are not erased completely but rather are 'cancelled' in a process known as 'cancelling a conviction record'. Therefore, judges will still be aware of the records but they disregarded as an aggravating factor when sentencing. Once conviction records are cancelled, the individual will possess a clean criminal record.
Stephens, . The Court found that, because of the jury's finding at least one aggravating factor was a prerequisite for imposing the death penalty, Georgia's scheme adequately narrowed the class of defendants eligible for the death penalty. Although there was admittedly some discretion as to the mitigation phase, that discretion is channeled in an objective way, and therefore provided for individualized sentencing. Thus, Georgia's death penalty scheme complied with the Furman requirements and was thus approved by the Court.
Godfrey v. Georgia, 446 U.S. 420 (1980), was a United States Supreme Court case in which the Court held that a death sentence could not be granted for a murder when the only aggravating factor was that the murder was found to be "outrageously or wantonly vile." The Court reversed and remanded the Georgia death penalty sentence because, under Furman v. Georgia, such a factor did not help sentencing judges or juries avoid arbitrary and capricious infliction of the death penalty.
Nebraska is the only state where the sentence of death is decided by a three-judge panel, rather than by jury or a single judge. The jury, however, is the trier of facts for both the murder and the aggravating factor making the defendant eligible for the death penalty. The panel includes the presiding judge of the trial and two others judges appointed for that purpose by the state's chief justice. The death sentence must be unanimous, otherwise life imprisonment is imposed.
Manslaughter, which art. 136 of the Penal Code refers to as homicide caused by negligence, is punishable with a prison term of no less than 6 months and no longer than 3 years, or a fine. If the death is caused by gross negligence the penalty the prison term is of 6 months to 5 years. Additionally, unintentionally causing someone's death while committing a crime other than homicide is an aggravating factor in the determination of the punishment applicable to that specific crime.
After the installation of the communist regime, the code was modified several time, and, in 1969, a new penal code came into effect. Nevertheless, the age of consent of 14 was maintained. Article 198 of the 1969 code read: "Sexual intercourse with a female person who has not attained the age of 14 is punishable by imprisonment of one to five years." In a case of rape, similarly with the previous code, the victim being under 14 constituted an aggravating factor (Article 197).
Murder is not classified into degrees, unlike in Canada, but sentences are more severe in cases where there are more aggravating than mitigating factors. The guidelines start with the recommended sentence for murder being 12 years if the offender is under 18 (see Starting points for murder). An offender 18 years of age or older, will receive a minimum non- parole period of 15 years. Penalties increase when at least one aggravating factor (as defined in the Criminal Justice Act) can be proven beyond a reasonable doubt.
The court is allowed to take into account prior findings of guilt when determining the appropriate sentence. For some offences, a prior finding of guilt will create a higher minimum sentence. However, the court cannot rely on the higher minimum sentence unless the Crown notified the defendant prior to defendant's plea. Even if the defendant was not notified, or the Crown chooses not to file the notice with the court, the court can still rely on the prior finding of guilt as an aggravating factor.
Because judges were presumed to follow the law, they needed no guidance in finding a killing to be "heinous, cruel, or depraved" in the correct circumstances. Second, the Arizona Supreme Court had developed a body of law that defined the words "heinous, cruel, or depraved." Thus, there were legal standards available for trial judges to follow in imposing the death sentence. For the Walton Court, these key differences meant that Arizona's "especially heinous, cruel, or depraved" aggravating factor satisfied the dictates of the Eighth Amendment.
Since 2006, Article 2(3) of the Labor Code has prohibited discrimination on the basis of sexual orientation in employment relations. According to the amended Georgian Criminal Code (since 2012), committing crimes against individuals based on sexual orientation, among other things, is an aggravating factor that should result in tougher sentences during prosecution. On 2 May 2014, the Parliament approved an anti-discrimination law, banning all forms of discrimination based on sexual orientation and gender identity. It took effect upon publication, on 7 May 2014.
In Chile, transgenderism is often associated with homosexuality. In the early part of the twenty-first century, the legal rights of transgender people in Chile has begun to improve and be legally recognized. Since 2012, Law No. 20,609 expressly recognizes the legal protection of gender identity, banning discrimination on that basis and adding it as an aggravating factor of criminal responsibility. Since 2019, the Gender Identity Law allow transgender people over the age of 14 to legally change their name and gender on all official documents.
In passing sentence, Judge Mary Ellen Ring ruled that Callely's position at the time was an aggravating factor and said that a prison term was demanded by the public interest. He served his sentence at Wheatfield Prison in Clondalkin, Dublin. Separately, on 27 April 2012, Callely was fined €150 in court for driving without an NCT disc displayed. In May 2012, the Irish Independent also revealed that Callely was overpaid almost €6,000 in mileage expenses while he was a Minister of State from 2004 to 2005.
Cannabis is believed to be an aggravating factor in rare cases of arteritis, a serious condition that in some cases leads to amputation. Because 97% of case- reports also smoked tobacco, a formal association with cannabis could not be made. If arteritis turns out to be a distinct clinical entity, it might be the consequence of vasoconstrictor activity observed from delta-8-THC and delta-9-THC. Other serious cardiovascular events including myocardial infarction, stroke, sudden cardiac death, and cardiomyopathy have been reported to be temporally associated with cannabis use.
The Criminal Justice Act 2003, s. 143(2) provides that: As noted by some academic scholars, this provision creates "obvious tension". For instance, while this section indicates that a court is bound ('must') to treat each previous conviction as an aggravating factor, the mandatory words are somewhat softened by the later phrase, "if the court considers that it can reasonably be so treated". This provision in the Criminal Justice Act 2003 is also in tension with its "limited retributivism" theory of punishment, which underpins the sentencing framework in England and Wales.
A major aggravating factor was the actions of Catholic bishops to keep these crimes secret and to reassign the accused to other parishes in positions where they had continued unsupervised contact with youth. Many of the accused priests were forced to resign or were laicized. In addition, several bishops who had participated in the cover-up were also forced to resign or retire. The dioceses in which the crimes were committed found it necessary to make financial settlements with the victims totaling in the hundreds of millions of dollars.
The Japanese Ministry of the Environment's published Red List (2018) listed the fish subspecies as endangered (IB). The devastation of numbers is blamed on habitat loss (spawning ground), as well predation by introduced species. Adults are known to be taken by black bass, and the larvae and eggs are fed on by bluegill, both of which have become invasive in the Lake. The impact of predatory fish may be a secondary aggravating factor, the core cause being man-made changes to the lake's landscape according to some opinion.
In 2000, Parliament enacted the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA), which restates the constitutional prohibition and establishes special Equality Courts to address discrimination by private parties. The Employment Equity Act, 1998 and the Rental Housing Act, 1999 specifically forbid discrimination in employment and housing, respectively. The PEPUDA also prohibits hate speech and harassment based on any of the prohibited grounds of discrimination. South Africa does not have any statutory law requiring increased penalties for hate crimes, but hatred motivated by homophobia has been treated by courts as an aggravating factor in sentencing.
The effects of the Great Depression reached Hungary after 1930 and it hit predominantly agriculture. The pengő had to be devalued and the debt of the country increased. After a short period of recovery, the war preparations - amongst which the most important was the Győr-program - had loosened the financial and monetary discipline which in turn led to the depreciation of the pengő currency. The territories given back to Hungary by the First and Second Vienna Awards in 1938 and 1940 were economically less developed, which was an additional aggravating factor regarding the economic situation of the country.
The attitude of a legal system to intoxicating substances can affect the applicability of intoxication as a defense under its laws: a system strongly opposed to a substance may even view intoxication as an aggravating factor rather than a mitigating one. The effect of intoxication on criminal responsibility varies by jurisdiction and offense. The criminal code in question may require proof of various levels of intent. This may range from premeditation, through various degrees of intent or willingness to commit a crime, general recklessness, and finally no intent at all in some instances of strict liability.
A major obstacle between the two sides remained the Catholic doctrine that only the pope can appoint bishops of the Church. Bishops in the CCPA were government-appointed, a frequent aggravating factor in Sino-Vatican relations. Some, including Hong Kong Cardinal Joseph Zen, saw the progress between Vietnam and Vatican officials towards re-establishing full diplomacy as a model for Sino-Vatican normalization of relations. By late 2004, prior to the death of Pope John Paul II, Vatican and Chinese government representatives were in contact with the apparent goal of moving closer to the normalization of relations.
On September 13, 2005, the body of Summer Lee Baldwin was found in a Lubbock landfill. She was found to have died of asphyxiation and to have suffered numerous beatings. Summer, a 29-year-old native of Washington state, was working as a sex worker in Lubbock when she disappeared two days earlier, and had also been serving as a witness in a federal counterfeiting case, bringing her murder to the attention of the FBI. Summer was also around 5 weeks pregnant when she was killed, which served as an aggravating factor at Rodriguez's 2008 trial.
The second was whether or not Fretwell committed the homicide for pecuniary gain. The jury subsequently found only the second aggravating factor, and found no mitigating factors. Fretwell's attorney failed to object to the submission of the second of these aggravating factors to the jury, despite the ruling of the Eighth Circuit Court of Appeals in Collins v. Lockhart, which held that whether or not a defendant commits a homicide for pecuniary gain was unconstitutional under the Eighth and Fourteenth amendments to the Constitution of the United States in the setting of homicide committed in the context of a robbery.
This reform saw the elimination of homosexuality as an aggravating factor in crime. Jiménez de Asúa also successfully lobbied for the inclusion of “estado peligroso” into Spanish criminal law for the first time. This law allowed the state to intervene after a crime had been committed or to prevent potential crimes being committed if they thought a potentially dangerous situation was going to occur. This was followed up by “defensa social”, which allowed the state to act in defense of protecting society from people it considered dangerous, even if their behavior was not considered criminal in and of itself.
On Monday the 4th the last two days of the festival were indeed cancelled. The 1960 event was also notable for the presence of a rival jazz festival that took place at the Cliff Walk Manor Hotel, just a few blocks away. This was organized by musicians Charles Mingus and Max Roach in protest against the festival paying less to jazz innovators, compared to more mainstream performers; the fact that the innovators were mostly black and the mainstream performers mostly white was also an aggravating factor. In 1961, presentation of the official Newport Jazz Festival was disallowed, due to the difficulties associated with the previous year's festival.
Under Scottish Common law the courts can take any aggravating factor into account when sentencing someone found guilty of an offence. There is legislation dealing with the offences of incitement of racial hatred, racially aggravated harassment, prejudice relating to religious beliefs, disability, sexual orientation, and transgender identity. A Scottish Executive working group examined the issue of hate crime and ways of combating crime motivated by social prejudice, reporting in 2004. Its main recommendations were not implemented, but in their manifestos for the 2007 Scottish Parliament election several political parties included commitments to legislate in this area, including the Scottish National Party who now form the Scottish Government.
People convicted or suspected of certain crimes classified as terrorism by the government of their country (or some foreign countries) reject that classification. They consider that their fight is a legitimate one using legitimate means, and thus their crimes should be more appropriately called political crimes and justify special treatment in the penal system (as if they were soldiers in a war and therefore covered by the Geneva Convention). States tend to consider the political nature of the crimes an aggravating factor in the sentencing process and make no distinction between the terrorists and "ordinary" offenders, e.g. the convicted murderers of Action Directe consider themselves political prisoners.
Other initiatives have included the establishment of the Commission for Equality and Human Rights on 1 October 2007 which is tasked with working for equality in all areas and replaced the previous commissions dedicated to sex, race and disability alone; the setting up of the Sexual Orientation and Gender Advisory Group within the Department of Health; a provision of the Criminal Justice Act 2003 that a court must treat hostility based on sexual orientation as an aggravating factor for sentencing a person; guidance from the Crown Prosecution Service on dealing with homophobic crimes; and a commitment from the Government to work for LGBT rights at an international level.
Although the majority of cases were reported to have occurred in the United States, victims have come forward in other nations such as Ireland, Canada, Australia and New Zealand. A major aggravating factor was the actions of Catholic bishops to keep these crimes secret and to reassign the accused to other parishes in positions where they had continued unsupervised contact with youth, thus allowing the abusers to continue their crimes. The investigation of the scandal by The Boston Globe was titled "Spotlight Investigation: Abuse in the Catholic Church". Its in-depth reporting was the central subject of Tom McCarthy's film Spotlight in 2015, which won two Academy Awards including Best Picture.
Since a player from RCK had given his age wrong, the athletic loser RCB won the game at the Green Table. But according to Amado Traoré (president of RC Kadiogo), "99.99% of the players claim a fake age." An aggravating factor is that in Burkina Faso the date of birth is often unknown, as the organized reporting system does not cover all residents and birth dates have traditionally had little significance for the population. Violent incidents occurred at the end of the 2006/07 season, when US Yatenga Ouahigouya's play against US Ouagadougou supporters of the home team provoked a disruption of the game by throwing objects.
After he was laicized, the archdiocese stopped the payments and the friary stated that it would not be receiving remuneration from McCarrick or the local Roman Catholic Diocese of Salina for McCarrick's stay even though McCarrick offered to pay. On February 16, 2019, the Vatican announced that McCarrick had been laicized. The Congregation for the Doctrine of the Faith (CDF), in a church penal process, found McCarrick guilty of "solicitation in the Sacrament of Confession, and sins against the Sixth Commandment with minors and with adults, with the aggravating factor of the abuse of power". The guilty verdict was issued by the CDF on January 11, 2019, and McCarrick appealed.
The promotion and facilitation (procuring and advertising) of prostitution is prohibited, as well as everything related to those under 18 (although the age of sexual consent for consensual and non-commercial acts for heterosexuals is 14 years). Until 1998 male homosexual prostitution was banned as sodomy was considered a crime in Article 365 of the Penal Code. The same code in articles 373 and 495 sanctions "offences to modesty, morals and good manners", which is been applied to those who perform sexual acts in public of any nature, whether or not there is a commercial purpose. However, prostitution may be an aggravating factor of public order, depending on the criteria of Carabineros.
Efforts on his part to postpone the sentencing, on the grounds that he was mentally disabled, were unsuccessful. It was noted that Zeng's antics in court were "aggravating factor[s] that the Court could take into account in sentencing". During that period in jail, Zeng alleged that he was stripped of some of his basic rights; he claimed that as a result of being denied access to clean bathing water, he had developed painful rashes near his rectum. He added that the police in charge of him called him crazy and wanted to "put him in a psychiatric cell", and also accused them of forcing him to confess through physical means. In 2008, Zeng was charged with using abusive language on two police officers.
Lesbian, gay, bisexual and transgender (LGBT) people in Georgia face legal challenges that non-LGBT people do not experience. Georgia is one of only a few countries in the former Soviet space (others being the EU-member Baltic states, and Ukraine) that directly prohibits discrimination against all LGBT people in legislation, labor-related or otherwise. Since 2012, Georgian law has considered crimes committed on the grounds of one's sexual orientation or gender identity an aggravating factor in prosecution.ILGA-Europe, President of Georgia signs anti-discrimination amendment 20 April 2012 Despite this, homosexuality is still considered a major deviation from highly traditional Orthodox Christian values prevalent in the country, where public discussions of sexuality in general tend to be viewed in a highly negative light.
A ' plea has the same immediate effects as a plea of guilty, but may have different residual effects or consequences in future actions. For instance, a conviction arising from a ' plea is subject to any and all penalties, fines, and forfeitures of a conviction from a guilty plea in the same case, and can be considered as an aggravating factor in future criminal actions. However, unlike a guilty plea, a defendant in a ' plea may not be required to allocute the charges. This means that a ' conviction typically may not be used to establish either negligence per se, malice, or whether the acts were committed at all in later civil proceedings related to the same set of facts as the criminal prosecution.
It was revealed he had received a series of loans totaling $50,000 made by the father-in-law of a friend, while Hobert himself had no assets and no specific payment The story broke in early November 1992, when the top-ranked Huskies were and on a 22-game winning they lost three of four games to finish This cost Hobert his college eligibility, and was an aggravating factor in the university receiving Pacific-10 Conference sanctions for lack of institutional control; it led to head coach Don James resigning in protest in August 1993 over a two-year bowl ban. Although several other Huskies players were implicated in improprieties, Hobert became the most well-known face of the sanctions, leading to him receiving death threats.
Adding elements to the debate, another recent study from Sri Lanka, where a similar and apparently new form of CKDu has become a serious public health concern too, suggests chronic synergestic exposure to multiple pesticide residues and heavy metal could be the main causal factor. The authors hypothesize that “Agrochemicals are the essential factor for the disease“. Dr. Channa Jayasumana, a Sri Lankan researcher, member of the medical faculty of Rajarata University, has been a leading supporter of the pesticide hypothesis, always in connection to hard water consumption. He has said that research conducted by his university found that “pesticides and chemical fertilizers were responsible for the spike in kidney diseases”, Further he points out heat stress and dehydration is an important aggravating factor of the disease.
Criminal Code of Italy (excerpts), Legislation online As the Council of Europe noted in its 2016 report, "the wording of the Reale Act does not include language as ground of discrimination, nor is [skin] color included as a ground of discrimination.""ECRI Rerport on Italy" by the European Commission Against Racism and Intolerance, Council of Europe, 7 June 2016 However, the Supreme Court, in affirming a lower-court decision, declared that the use of the term negro by itself, if it has a clearly offensive intention, may be punishable by law,"Dare del 'negro' è reato : lo dice la Cassazione" ("Calling out 'negro' is a crime : so says the Supreme Court") by Ivan Francese, Il Giornale, 7 October 2014 (in Italian) and is considered an aggravating factor in a criminal prosecution.
On June 25, 2008, the Supreme Court, splitting 5–4, held that "the Eighth Amendment bars Louisiana from imposing the death penalty for the rape of a child where the crime did not result, and was not intended to result, in the victim's death." In its majority opinion authored by Justice Kennedy, the Court explained that the application of the death penalty had to rest on national consensus, and that as only six States permitted the death penalty for child rape, no such consensus existed. "Unlike Louisiana, those states all require that a defendant have a previous rape conviction or some other aggravating factor in order to be subject to the death penalty, and no one has yet been sentenced to death under any of the laws." In formulating the idea of "national consensus" the Court relied on the previous cases Roper v.
In 2004, Cyprus implemented an anti- discrimination law that explicitly forbids discrimination on the basis of sexual orientation in employment. The law, known as the Equal Treatment in Employment and Occupation Law 2004 (), was designed to comply with the European Union's Employment Framework Directive of 2000. The Cypriot Penal Code has been amended to make violence against LGBT people an aggravating factor in sentencing. Article 99 of the code, entitled "Incitment to violence or hatred due to sexual orientation or gender identity", provides for imprisonment not exceeding three years or to a fine not exceeding 5,000 euros for any person who "intentionally, publicly or in manner which is threatening or insulting or offensive in nature, urges or incites, orally or in writing, violence or hatred against a group, person, or a member of a group of persons on the basis of sexual orientation or gender identity".
Privately Devlin felt that antipathy to homosexuality had not reached an intensity of "intolerance, indignation and disgust". In May 1965 he was one of the signatories of a letter to The Times calling for the implementation of the Wolfenden reforms. The American legal philosopher Joel Feinberg stated in 1987 that to a "modern" reader, Devlin's responses to Hart's arguments "seem feeble and perfunctory" and that most readers "will probably conclude that there is no salvaging Devlin's social disintegration thesis, his analogies to political subversion and treason, his conception of the nature of popular morality and how its deliverance is to be ascertained, or the skimpy place he allows to natural moral change". Feinberg does allow that Devlin has an important challenge to liberalism in his formulation of an argument as to why we "treat greater moral blameworthiness ... as an aggravating factor and lesser moral blameworthiness as a mitigating factor in the assignments of punishment".
Similarly, Sek's mother Hoh Mooi Chai also left the family to have an affair with a married man, with the more aggravating factor being them being moved away from their grandparents after a heated quarrel between their mother and grandparents, leaving the couple's four young children, who were not close to each other, to fend for themselves and resort to stealing to survive. The children had also gone astray in lieu of the lack of proper guidance by their parents and their grandparents (who would be the ones to take the roles to discipline the kids in the absence of the parents prior to their move-out). Sek, who only attended four years of primary school before dropping out due to financial reasons, was said to be a naughty child when young. His elder sister Sek Yoke Mui said that he was obsessed with Wuxia novels and Kungfu movies in his childhood.
On appeal, the SCA held that there came a time in the life of a nation when it had to and was able to identify practices such as racism as pathologies, and when it sought consciously and visibly and irreversibly to reject its shameful past. Substantially the same temper should inform the response of South Africa to serious crimes motivated by racism, at a time when the country had negotiated a new ethos and a clear repudiation of the racism which had for so long and so pervasively dominated so much of life and living in South Africa. The commission of serious offences perpetrated under the influence of racism subverted the fundamental premises of that ethos of human rights which now permeated the processes of judicial interpretation and judicial discretion, including sentencing policy in the punishment of criminal offences. The racial motive which had influenced the respondents to commit a serious crime had to be considered as an aggravating factor.
This led to political developments: the Manchester Evening News reported that Rossendale MP Janet Anderson and Hyndburn MP Greg Pope "are set to request a debate in the Commons to call for the widening of the law to include such an attack under the definition of a hate crime as soon as possible". The paper reported that they would be "putting forward an early day motion calling on the government to give the matter 'urgent consideration'." In May 2009, the Justice Minister, Jack Straw, said that while he could not change the law, he could amend the sentencing guidelines to require judges to treat an attack on a member of a subculture as an aggravating factor, similar to a racially motivated or homophobic assault, when sentencing perpetrators. In April 2013, the Greater Manchester Police announced they would officially begin to record offences committed against goths and other alternative groups as hate crimes, as they do with offences specifically aimed at someone's race, disability or sexual orientation.
In sentencing, Justice Byrne noted the fact that Patel had consented to an order of the Board of Medical Examiners of the State of Oregon when he practised in that jurisdiction, and that while that order had no legal effect in Australia, it should have made Patel aware that his professional judgment was considered questionable.. The fact that Patel had carried on regardless in Queensland was an aggravating factor. However, his Honour also found many mitigating factors, including the fact that this was Patel's first conviction, that prison would be particularly difficult given his age, notoriety and his family living overseas, and that he had already served time in prison while cooperating with his extradition to Queensland. As a result, his Honour imposed seven-year sentences for each of the manslaughter charges, and three years for the grievous bodily harm charge. Since the sentences are concurrent, it was in effect a seven-year sentence, less the time Patel had already spent in custody.
The way the situation had been handled was subject to criticism; firstly, the choice by Carmichael-Smyth to hold the firing drill parade was immediately criticised by his superior, Hewitt, who felt that had the parade not been held, the issue with the cartridges "would have blown over." Furthermore, a junior officer from Carmichael-Smyth's regiment, Lieutenant John Campbell MacNabb, felt that the drill parade was unnecessary and stated that the dislike held by the men toward their commanding officer was an aggravating factor in the events that followed. When Hewitt informed the Commander in Chief, Major General George Anson, about the public nature of the men's sentence, and of placing them in irons in front of the entire Meerut Division, on 9 May, Anson confirmed the sentences but did not approve of the "unusual procedure" that Hewitt had followed. For his conduct on 10 May, Hewitt later faced criticism from Lieutenant General Sir Patrick Grant, (who was the acting Commander in Chief by that point, following Anson's death) and from John Lawrence (who was then Commissioner of Punjab province).
In the United States, the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009 expanded the 1969 United States federal hate-crime law to include crimes motivated by a victim's actual or perceived disability.Obama Signs Defense Policy Bill That Includes 'Hate Crime' Legislation In the UK, disability hate crime is regarded as an aggravating factor under Section 146 of the Criminal Justice Act 2003, allowing a heavier tariff to be used in sentencing than the crime might draw without the hate elements. Section 146 states that the sentencing provisions apply if: :(a) that, at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on— ::(i) the sexual orientation (or presumed sexual orientation) of the victim, or ::(ii) a disability (or presumed disability) of the victim, or :(b) that the offence is motivated (wholly or partly)— ::(i) by hostility towards persons who are of a particular sexual orientation, or ::(ii) by hostility towards persons who have a disability or a particular disability.Sections 145 and 146 of the Criminal Justice Act 2003.

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