mitigating circumstances

Such as do not constitute a justification or excuse for the offense in question, but which, in fairness and mercy, may be considered as extenuating or reducing the degree of moral culpability. For example, mitigating circumstances which will reduce degree of homicide to manslaughter are the commission of the killing in a sudden heat of passion caused by adequate legal provocation. People v. Morrin, 31 Mich.App. 301, 187 N.W.2d 434, 438.

Those that affect basis for award of exemplary damages, or reduce actual damages by showing, not that they were never suffered, but that they have been partially extinguished. In actions for libel and slander, refer to circumstances bearing on defendant's liability for exemplary damages by reducing moral culpability, or on liability for actual damages by showing partial extinguishment thereof. The "mitigating circumstances" which the statute allows defendant in libel action to prove are those which tend to show that defendant in speaking the slanderous words acted in good faith, with honesty of purpose, and not maliciously. Roemer v. Retail Credit Co., 44 C.A.Sd 926, 119 Cal.Rptr. 82, 91.

See also comparative negligence

- extenuating circumstances

- extraordinary circumstances