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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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Social Frameworks and Mitigation of Criminal Motivations

Social Frameworks and Mitigation of Criminal Motivations

Chapter:
(p.160) 8 Social Frameworks and Mitigation of Criminal Motivations
Source:
Death Penalty Mitigation
Author(s):

José B. Ashford

Melissa Kupferberg

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195329469.003.0008

This chapter examines the motives behind criminal intents and identifies potential mitigation themes for persons involved in gang activities, with a specific focus on prison gang crimes. It considers the moral significance of crimes that have institutional forms of support and argues that these socially caused crimes are less blameworthy than other types of crimes that are socially caused. It also identifies elements in motivations for crimes that are connected to contexts in which the non-use of aggressive responses poses significant forms of loss and threat to individuals living in environments that are governed by either the code of the streets or the code of the prison. The chapter concludes with a review of the social-functionalist framework that offers some promising guidance for understanding the potential responses of jurors to aggravated crimes of murder.

Keywords:   criminal intent, mitigation, gang activities, prison gang crimes, criminal motivation, social-functionalist framework

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