Capital mitigation consists of evidence that is presented in a death penalty trial to obtain a sentence other than death. In the bifurcated trial process that characterizes modern capital cases (in which a second penalty or sentencing phase occurs only if the defendant has been convicted of a crime for which the death penalty may
In the U.S. legal system, mitigation (known also as mitigating evidence or mitigating factors) encompasses facts about a defendant’s background, character, and the circumstances of the offense. While not introduced to lessen legal culpability, mitigating factors may lessen a defendant’s moral culpability. Thus, mitigation is not introduced to absolve guilt but rather to lessen a
Capital mitigation consists of evidence that is presented in a death penalty trial to obtain a sentence other than death. In the bifurcated trial process that characterizes modern capital cases (in which a second penalty or sentencing phase occurs only if the defendant has been convicted of a crime for which the death penalty may