According to Wex Legal Dictionary the definition for Mitigating Factor is
“any fact or circumstance that lessens the severity or culpability of a criminal act. Mitigating factors include an ability for the criminal to reform, mental retardation, an addiction to illegal substances or alcohol that contributed to the criminal behavior, and past good deeds, among many others. Recognition of particular mitigating factors varies by jurisdiction.1
How does Judaism view the circumstantial or outside factors that may affect the motivations or actions of someone involved in a court case? Do we take into account their emotional and psychological background?
The Halacha tells us:
A judge may not have mercy in a case of law regarding a destitute person; he should not say, "He is a poor person, and his opponent is rich, and is obligated to provide for him [anyway]. I will grant him victory in the case of law, and consequently, he will be provided for in a dignified manner.”….. And he may not give ho…
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