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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: 23 July 2021

History of Mitigation of Punishment

History of Mitigation of Punishment

(p.18) 2 History of Mitigation of Punishment
Death Penalty Mitigation

José B. Ashford

Melissa Kupferberg

Oxford University Press

This chapter provides an overview of the history of mitigation in criminal sentencing. It also considers the current legal landscape in the field of capital mitigation. The discussions cover the significance of mitigation and special offense circumstances; neoclassical principles of punishment in the light of history; discretion in capital sentencing legislation; new sentencing procedures enacted after the Supreme Court struck down the discretionary approach to capital punishment in Furman v. Georgia in 1972; narrowing eligibility for the death penalty; and legal challenges to sentencing factors in penalty decisions.

Keywords:   criminal sentencing, capital mitigation, death penalty policy, punishment, special offense, Furman v. Georgia

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