EXTENUATING CIRCUMSTANCES, circumstances which render a fault less blamable ; a phrase used to describe cases in which, though an offence has been committed, its gravity is mitigated or reduced by reason of facts attending the commission of the offence. It is common practice for juries to add to their verdict a rider recommending the accused to mercy on the ground of circumstances which in their view should mitigate the penalty. In case of a wilful murder, a crime as to which the judge has no discretion as to punishment, the recommendation is sent to the Home Office for consideration in advising as to exercise of the prerogative of mercy.
Under the French law it is the sole right and the duty of a jury in a criminal case to pronounce whether or not the commis sion of the offence was attended by extenuating circumstances. When the whole or the majority qualify the verdict by finding ex tenuation the powers of the court to impose the maximum punish ment are taken away and the sentence to be pronounced is reduced in accordance with the scale laid down in art. 463 of the Code penal. The most important result of this rule is to en able a jury to prevent the infliction of capital punishment for murder.