Final answer:
Mitigating factors are circumstances or evidence that can be presented in court to decrease the severity of a sentence.
Step-by-step explanation:
Elements of the crime that would tend to lessen the severity of the sentence, such as age or mental instability, is known as Mitigating factors.
Mitigating factors are circumstances or evidence that can be presented in court to decrease the severity of a sentence. They are taken into consideration by judges or juries to determine the appropriate punishment for a crime.
For example, if a defendant is young and has no prior criminal record, their age may be considered a mitigating factor, leading to a less severe sentence.