What is an aggravating circumstance?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

An aggravating circumstance refers to specific factors that may lead to a harsher sentence in criminal proceedings. Such circumstances provide justification for increasing the severity of a penalty imposed upon a defendant. Common examples of aggravating circumstances include the nature of the crime, the defendant's prior criminal record, or the impact on the victims. These factors typically demonstrate a level of culpability or harm that warrants a more severe punishment than would otherwise be applied.

The other options focus on different concepts that do not align with the definition of aggravating circumstances. Positive factors about the offender would be considered mitigating circumstances, which could lead to a reduction in the sentence. Factors that lessen the severity of the sentence clearly detract from the concept of aggravation, as they are intended to argue for leniency. Lastly, addressing the needs of the victim does not capture the essence of what aggravating circumstances are; rather, it denotes a broader focus on victim advocacy rather than the specifics of sentencing enhancement.

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