Mitigation Practice in Death Penalty Cases
Mitigation Practice in Death Penalty Cases
This chapter presents an introduction to current mitigation practice by examining some of the specific legal standards that have contributed to the development of this highly specialized area of criminal law. It also presents a conceptualization of mitigation proffered by Justice Sandra Day O'Connor, which helped in the organization and the selection of the materials examined in this book. The chapter begins by addressing the question: What is mitigation? It then discusses the current limits on mitigation practice; investigation as the cornerstone of death penalty representation; mitigation themes; and challenging evidence of aggravation.
Keywords: legal standards, criminal law, mitigation, Sandra Day O'Connor, capital punishment, death penalty representation, aggravation, criminal defense
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