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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: 03 August 2021

Assessing Practical Rationality and Volitional Concerns

Assessing Practical Rationality and Volitional Concerns

(p.104) 6 Assessing Practical Rationality and Volitional Concerns
Death Penalty Mitigation

José B. Ashford

Melissa Kupferberg

Oxford University Press

This chapter describes some of the promising frameworks in the social science literature that can help mitigation professionals identify substantive differences in how defendants evaluate information and choose among subjectively available response choices. It begins with a brief review of the law of criminal provocation. It then examines recent developments in self-control theory that call into question a number of traditional ways of framing issues of choice and hostile (reactive) aggression. Next, it turns to the social information processing (SIP) model of human decision-making processes. It considers how the SIP framework can help practitioners identify dysfunctions in social cognitive processes and how these social cognitive processes interact with latent cognitive structures (attitudes, values, and beliefs), and non-conscious processes that are significantly influenced by a person's social and cultural background.

Keywords:   social science, mitigation practice, mitigation professionals, defendants, criminal provocation, self-control theory, social information processing theory

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