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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: 02 August 2021

Assessing Culpability

Assessing Culpability

The Role of Background and Character

(p.51) 4 Assessing Culpability
Death Penalty Mitigation

José B. Ashford

Melissa Kupferberg

Oxford University Press

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.

Keywords:   mitigation, mitigating factors, moral culpability, moral blameworthiness, capital defendant, responsibility assessment, diminished responsibility, responsibility, causality, fairness

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