What are 'mitigating factors' in sentencing?

Mitigating factors in sentencing refer to conditions or circumstances associated with the offense or the offender that may lead to a lesser sentence. These factors can provide context that suggests the offender's actions were influenced by particular circumstances or that they possess attributes that warrant a more lenient approach. Examples of mitigating factors can include the offender's lack of prior criminal history, expressions of remorse, age, mental health issues, or if they played a minor role in the offense.

In contrast, the other options describe differing concepts unrelated to the intention behind mitigating factors. For instance, factors that increase the severity of a sentence or justify a harsher punishment are not mitigating; rather, they are considered aggravating factors, which emphasize the seriousness of the offense or the offender's behavior. Personal traits of the offender may sometimes have a connection to mitigating circumstances, but they do not encompass the full definition of what mitigating factors entail. Thus, the accurate understanding of mitigating factors is critical for achieving a balanced and fair sentencing process.