What are "aggravating factors" in sentencing?

Aggravating factors in sentencing are elements that increase the severity of a crime. These factors are used by the court to enhance the punishment imposed on a defendant when they are found guilty. Such factors might include the defendant's prior criminal record, the vulnerability of the victim, whether the crime was committed in conjunction with other crimes, or if the crime was particularly heinous or brutal.

The rationale behind considering aggravating factors is to acknowledge circumstances that justify a harsher sentence, reflecting the serious nature of the offense and its impact on the victim and society. This practice ensures that the penalties are proportional to the gravity of the crime committed, aiming to serve justice effectively.

In contrast, elements that make a crime less severe would be classified as mitigating factors, which are not what aggravating factors are about. Mitigating circumstances indeed reduce culpability but do not serve the purpose of enhancing punishment. Furthermore, victim statements can be part of the sentencing phase, but they don't define aggravating factors. Therefore, the correct understanding of aggravating factors is crucial for evaluating the severity and implications of sentencing in criminal cases.