Mitigating factor
A Mitigating factor in law is any information or evidence presented to the court regarding the defendant or the circumstances of the crime than might result in reduced charges or a lesser sentence.[1]
Death penalty
The issue of mitigating factors is most at issue in a death penalty case. In a series of decisions since 1972, the United States Supreme Court has attempted to make the sentence of death less arbitrary by emphasizing that the judge or jury must be given the opportunity to consider all mitigating evidence before determining the sentence. Thus the Court has stressed that under the constitutional requirement of the fundamental respect for human dignity under the Eighth Amendment, that information be provided on the character and previous history of the defendant, as well as the circumstances surrounding the particular offense.[2]
Clinical participation
Most mitigating factors are presented in way that are best described by clinical evaluations of the defendant and the circumstances, thus involving psychological or psychiatric analysis in the presentation to the court. Approximately, one half of the states in the United States allow as a mitigating factor evidence that the defendant was under extreme mental or emotional distress, as well as an evaluation that the defendant's ability to appreciate the criminal aspect of his offense or his ability to control his behavior to meet the requirements of the law was impaired.[2]
Footnotes
- ^ "Mitigating Factors, Mitigation". Lectric Law Library. Retrieved 2007-10-12.
- ^ a b Gary, Melton (1997). Psychological Evaluations for the Courts: A Handbook for Mental Health Professionals and Lawyers (2nd ed.). New York: The Guilford Press. pp. pp 265–266. ISBN 1-57230-236-4.
{{cite book}}:|pages=has extra text (help)