Balancing Test

Definition - What does Balancing Test mean?

A balancing test is something that a judge or jurists would use as a consideration mechanism. It means that the person or people in a position of deciding authority in a case will consider all aspects of it and weigh different aspects against each other to determine the overall effect or weighting that should be placed on a different action within that case.

Basically, they use it to determine whether the defendant should be dealt with leniently or harshly, and whether there are significant mitigating circumstances in a case to change the reason why the end result happened or the effect of the end result.

Justipedia explains Balancing Test

A balancing test weighs considerations such as whether or not a person who was under repeated physical abuse from their spouse, and who killed the violent spouse at some stage within a fight, had reason to believe that they had no other choice given past actions. The weight of the past of the defendant would be considered when determining if the plaintiff acted reasonably, and that would include their own history of domestic violence.

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