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Death Penalty MitigationA Handbook for Mitigation Specialists, Investigators, Social Scientists, and Lawyers$
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Jose B. Ashford and Melissa Kupferberg

Print publication date: 2013

Print ISBN-13: 9780195329469

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780195329469.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 September 2021

Mitigation Practice in Death Penalty Cases

Mitigation Practice in Death Penalty Cases

(p.3) 1 Mitigation Practice in Death Penalty Cases
Death Penalty Mitigation

José B. Ashford

Melissa Kupferberg

Oxford University Press

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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