Answer:
Lack of record. The defendant doesn’t have a criminal record, or only has a relatively minor record.
Relative necessity. The defendant acted out of a desire to provide life necessities. This circumstance would be relevant for someone who stole a rotisserie chicken from the grocery store so that he could feed his starving family.
Remorse. The defendant accepted responsibility and showed remorse. A defendant who confesses upon arrest and is contrite in court has this factor in his favor.
Difficult personal history. The defendant’s unique upbringing or family circumstances led to her criminal conduct. For example, a lawyer might try to persuade a sentencing judge that the client’s violent acts are attributable to abuse she suffered as a child.
Addiction. Drug or alcohol addiction contributed to—but wasn’t just an incentive or excuse to commit—the crime. Addiction would be a mitigating factor for Bubbles’s theft conviction if he had showed a concerted effort at rehabilitation, but relapsed into drug use and stole some copper wire while high.
