The Role of Background and Character
This chapter examines legal and philosophical concepts of culpability and character that can aid mitigation professionals in challenging distorted conceptions of background and character in assessing the moral blameworthiness of a capital defendant. The discussions cover responsibility and culpability assessments; differentiating mitigation of guilt from mitigation of punishment; conflating responsibility and culpability issues; diminished responsibility and issues of diminished culpability; attribution responsibility, causality, and models of character; and personally mitigating factors and issues of fairness.
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