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Search references for MITIGATING EVIDENCE. Phrases containing MITIGATING EVIDENCE
See searches and references containing MITIGATING EVIDENCE!MITIGATING EVIDENCE
Evidence intended to establish the presence of mitigating circumstances
trial) in order to try to establish the presence of mitigating circumstances. The presence of mitigating circumstances can reduce the punishment imposed for
Mitigating_evidence
In criminal law, extenuating circumstances
defense, the presentation of mitigating factors will not result in the acquittal of a defendant. The opposite of a mitigating factor is an aggravating factor
Mitigating_factor
2020 United States Supreme Court case
deciding a sentence in a capital punishment does not consider all mitigating evidence. James Erin McKinney (born June 4, 1967), along with his half-brother
McKinney_v._Arizona
1976 U.S. Supreme Court case upholding the death penalty
mitigating evidence to the jury. The Court concluded that this special issue would allow for the same extensive consideration of mitigating evidence as
Gregg_v._Georgia
American murderer on death row (born 1976)
some experts have stated that her legal defense failed to present mitigating evidence at trial, including the effect of her youth and childhood trauma
Christa_Pike
2006 United States Supreme Court case
consider a defendant's post-crime evidence and is consistent with the constitutional right to present mitigating evidence in death-penalty sentencing. Fernando
Ayers_v._Belmontes
despite several mitigating circumstances, including a severe cognitive impairment and an abusive childhood. Most of these mitigating circumstances were
2009 term per curiam opinions of the Supreme Court of the United States
2009_term_per_curiam_opinions_of_the_Supreme_Court_of_the_United_States
1994 kidnapping and murder of a woman in Jacksonville, Arkansas
Williams a reprieve, finding there was sufficient weight in the mitigating evidence where the jury could have settled on a life sentence instead of death
Murder_of_Stacy_Errickson
allowing the sentencer to consider mitigating evidence. Two influential decisions further defined the role of mitigating evidence in capital sentencing. Lockett
Capital punishment in the United States
Capital_punishment_in_the_United_States
American soldier (1920–1945)
Captain Edward Woods, Slovik had elected not to testify. Woods had mitigating evidence that could have spared Slovik's life: He had served with the Canadians
Eddie_Slovik
1984 United States Supreme Court case
those considerations, the Court could not conclude that additional mitigating evidence would have given rise to a reasonable probability that the trial
Strickland_v._Washington
2002 United States Supreme Court case
crimes. They typically make poor witnesses and the presentation of mitigating evidence of intellectual disability can be a "two edged sword that may enhance
Atkins_v._Virginia
2016 United States Supreme Court case
affirmatively instruct juries about the burden of proof for establishing mitigating evidence, and that joint trials of capital defendants "are often preferable
Kansas_v._Carr
2011 United States Supreme Court case
during that trial had failed to adequately investigate and present mitigating evidence of his mental disorders. Pinholster also moved for an evidentiary
Cullen_v._Pinholster
2007 United States Supreme Court case
any mitigating evidence could not establish Strickland prejudice based on his counsel's failure to investigate further possible mitigating evidence." Noting
Schriro_v._Landrigan
American executed in 2010 for a Utah murder
victim survived. In a series of appeals, defense attorneys presented mitigating evidence of the troubled upbringing of Gardner, who had spent nearly his entire
Ronnie_Lee_Gardner
2010 execution in Arizona
Landrigan himself prevented his defense attorney from presenting any mitigating evidence. The judge who sentenced him to death described Landrigan as "a person
Execution of Jeffrey Landrigan
Execution_of_Jeffrey_Landrigan
American convicted murderer (born 1973)
also argued that Holberg's trial attorney had failed to present mitigating evidence such as her family history of mental illness. In response, the prosecution
Brittany_Holberg
Executed American murderer (1965–2005)
was certain and focused on attempting to identify mitigating evidence. "Traditional" mitigating evidence was, however, absent in Mobley's case: he was economically
Stephen_Anthony_Mobley
2000 kidnapping and murder of a woman in Florida
phase was for the jury to hear evidence regarding aggravating circumstances presented by the prosecution and mitigating circumstances presented by the
Murder_of_Janet_Acosta
weighs all the mitigating factors. This ruling also established that a defendant's mental disorder must be considered as a mitigating factor in sentencing
Bigby_v._Dretke
American murderer (1937–2000)
her children had committed the murders. Potentially exonerating or mitigating evidence of abuse of any kind was never presented to the court by the defense
Betty_Lou_Beets
British-American murderer on death row
claims that her defense attorney did not present mitigating evidence. They assert that no scientific evidence exists that establishes that she was at the scene
Linda_Carty
American mass murderer (1969–1998)
sentencing jury to be specifically instructed on the concept of mitigating evidence. After his appeals were exhausted, Buchanan Jr. was executed by lethal
Douglas_Buchanan_Jr.
Obligation on a party to prove their case
presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal
Burden_of_proof_(law)
American convicted murderer and former police officer (born 1971)
conduct "an investigation into the defendant's background for possible mitigating evidence." Frank's attorneys introduced the testimony of psychiatrists who
Antoinette_Frank
1986 United States Supreme Court case
Court held that the rule from Lockett v. Ohio (1978) dictated that mitigating evidence not be subject to limitations based on relevance. Ronald DeRay Skipper
Skipper_v._South_Carolina
American murderer (1930–2006)
by telling them that "if you conclude that aggravating evidence outweighs the mitigating evidence, you shall return a death sentence," while the law does
Clarence_Ray_Allen
American convicted murderer and botched execution survivor
second phase of the trial, defense attorneys are able to present mitigating evidence to the jury, in order to argue that the defendant should be sentenced
Doyle_Hamm
1998 shooting and murder of a contract courier in Alabama
sentencing hearing because his original lawyers failed to present more mitigating evidence of Gavin's violent and abusive childhood in Chicago, which would
Murder_of_William_Clayton_Jr.
2010 murder of a woman in Jacksonville, Florida
proper defence and criticised the trial judge for not considering the mitigating evidence that would help Sparre potentially avoid the death penalty. On January
Murder_of_Tiara_Pool
American convicted killer on death row in Louisiana (born 1967)
appeal that the jury in Wessinger's original trial did not hear mitigating evidence from his trial counsel, which included the child abuse and brain
Todd_Wessinger
American serial killer (1959–2021)
guilt, and that the heinous nature of his crimes—coupled with little mitigating evidence to deny imposing the death penalty—warrants affirming the death sentence
Anthony_Sowell
1991 United States Supreme Court case
the right to present mitigating evidence at the sentencing phase, the prosecution should be able to present aggravating evidence about the victim (Justice
Payne_v._Tennessee
American murderer (1973–2005)
his trial, Ashworth pleaded guilty and waived his right to present mitigating evidence. His defense lawyer did not cross-examine any witnesses. In May 2005
Herman_Ashworth
American serial killer
judge, arguing that he should be given a life sentence in light of mitigating evidence presented by his lawyers: these included claims that he suffered
John_Eichinger
2013 child murder
the sentencing phase, Moss declined to address the jury, present mitigating evidence, or have her relatives who had attended the trial testify on her
Murder_of_Emani_Moss
American legal term
disclosure to the defense of all evidence or information that tends to negate the guilt of the accused or mitigates the offense." (This is not for all
Suppression_of_evidence
1997 double murder of a father and son in Cane Creek, Alabama
petitioned for a re-sentencing hearing, as he wanted to introduce new mitigating evidence, including allegations of past sexual abuse by his uncle in his childhood
Murders of Harold and Joey Pugh
Murders_of_Harold_and_Joey_Pugh
American convicted murderer executed in Texas (1982–2015)
years on death row Escamilla filed a habeas corpus petition claiming mitigating evidence of an abusive childhood and substance abuse disorder that was not
Execution_of_Licho_Escamilla
U.S. research consortium
jury failure to find mitigating factors. If the victim were white there was more failure to find mitigating factors. There is evidence from the study that
Capital_Jury_Project
Pair of serial killers incarcerated in Florida
they ruled that the judge erred in not allowing the jury to hear mitigating evidence in his trial. Ultimately, Robinson was re-sentenced to life imprisonment
Amos_Robinson_and_Abron_Scott
2010 American film
after he refuses to allow his legal counsel to admit potentially mitigating evidence, like psychiatric reports and files pertaining to his turbulent family
Freeway_Killer_(film)
2003 United States Supreme Court case
had not prepared for the sentencing phase. Counsel presented no mitigating evidence to the jury at the sentencing phase. The jury concluded that the
Wiggins_v._Smith
2001 United States Supreme Court case
special instruction questions did not permit the jury to consider mitigating evidence involving his intellectual disability. On retrial in 1990, Penry
Penry_v._Johnson
American serial killer (1954–1993)
to determine Red Dog's sentence he told Pankowski not to present mitigating evidence. The Delaware Superior Court judge rejected motion by lawyers to
James_Allen_Red_Dog
American wrongly convicted of murder
intentionally harmful act than a prosecutor's conscious choice to hide mitigating evidence so as to create an uneven playing field for a defendant facing a
Michael Morton (criminal justice)
Michael_Morton_(criminal_justice)
Robbery and mass murder in Virginia, US
like Clagett. The prosecution was similarly dissatisfied with the mitigating evidence of Holsinger, calling her out for making excuses to support her behaviour
1994_Virginia_bar_murders
Actions to reduce net greenhouse gas emissions to limit climate change
products and services that cause greenhouse gas emissions can help in mitigating climate change. One is to reduce demand by behavioural and cultural changes
Climate_change_mitigation
2007 United States Supreme Court case
to consider mitigating evidence bearing on the defendant's moral culpability. The third motion asked the court to disclose the mitigation instructions
Smith_v._Texas_(2007)
was unconstitutional as it did not allow the defendant to enter mitigating evidence. A further 70 prisoners had their sentences commuted following this
Capital punishment in California
Capital_punishment_in_California
American judge (born 1966)
is a "mitigating" factor; otherwise, jurors could consider the "moonphase" during sentencing. Kethledge further explained that mitigating evidence is evidence
Raymond_Kethledge
American murderer and suspected serial killer
the trial, Haley decided to represent himself, but presented no mitigating evidence, pleaded not guilty and did not make a closing argument during the
Kevin_Haley
American convicted spree killer
deeply troubled and turbulent background was later cited as potential mitigating evidence that his defense failed to present during the penalty phase of his
Norman_Newsted
American man executed in Tennessee (1953–2007)
investigate Davis. At the sentencing phase of the trial, they presented no mitigating evidence, for example, of the physical abuse Workman had suffered as a child
Philip_Workman
2002 United States Supreme Court case
assistance of counsel because his attorney failed to present sufficient mitigating evidence during the sentencing phase of his trial and that his attorney inappropriately
Bell_v._Cone
Criminal law defense
abusive childhood as mitigating evidence. Prior to 1978, the capital statute of Ohio had placed limitations on what mitigating factors the defense could
Abuse_defense
Feature of US employment law
opportunity for the employee to discuss or present his or her version and mitigating evidence, may be the first time the employee is even aware that certain allegations
Loudermill_letter
2004 United States Supreme Court case
mitigating factors must be considered in the penalty phase of a death penalty case. It is not sufficient to allow the defendant to present mitigating
Tennard_v._Dretke
American lawyer (born 1966)
Pilot's customers. At Hazelwood’s sentencing, the judge credited the mitigating evidence, granted Walden's request for a more lenient sentence, and imposed
Jim_Walden_(lawyer)
Human-caused changes to climate on Earth
social status have worsened due to climate change. Major difficulties in mitigating, adapting to, and recovering from climate shocks are faced by marginalized
Climate_change
Former death row inmate in Texas
in Penry's case to adequately consider intellectual disability as mitigating evidence during the punishment phase of his trial. Penry was retried in 1990
Johnny_Paul_Penry
American convicted murderer on death row
cross-examination of the State’s witnesses, oral arguments, and mitigating evidence. Wood’s counsel stated on record that they considered his directives
Jeffery_Lee_Wood
Sans-serif typeface
Dyslexie is a typeface and font that was designed with the intention of mitigating some of the issues that dyslexics experience when reading. As many of
Dyslexie
Usage of neuroscience in criminology
disease." US legal defense teams increasingly use brain scans as mitigating evidence in trials of violent criminals and sex offenders. See Neurolaw for
Neurocriminology
American mixed martial arts fighter
to criminally negligent homicide due to police establishing "some mitigating evidence" favoring Strebendt. His attorney Mike Arnold and co-counsel Emilia
Gerald_Strebendt
American singer-songwriter (born 1972)
offender. Texas state law prohibited Darlington from presenting mitigating evidence that the female had misrepresented her age to her in court as a defense
Christy_Darlington
Chemical compound
be used in treating extracellular magnesium deficiency, as well as in mitigating magnesium depletion that inhibits the binding of adenosine triphosphate
Magnesium_orotate
New Zealand Police controversies
police and Crown prosecutors colluded in falsifying evidence and withholding mitigating evidence from the judge and the jury in order to secure a conviction
List of New Zealand Police controversies
List_of_New_Zealand_Police_controversies
Human rights organization
is one-sided reporting or a failure to treat threats to security as a mitigating factor. The actions of these governments, and of other governments critical
Amnesty_International
consider a defendant's post-crime evidence and is consistent with the constitutional right to present mitigating evidence in death-penalty sentencing. Lopez
List of United States Supreme Court cases, volume 549
List_of_United_States_Supreme_Court_cases,_volume_549
Scientific study of science
crisis and broader debates around open science, research integrity, and evidence-based policy. Its scope encompasses all fields of research and has been
Metascience
1992 murder in Wilmington, Delaware
state submits it's not a close call." Nelson refused to present any mitigating evidence, saying he would rather die than spend the rest of his life in prison
Murder_of_Wilson_Mannon
British nurse convicted of murder (born 1990)
bordering on sadism [...] you [Letby] have no remorse [...] there are no mitigating factors [...] the offences are of sufficient severity to require a whole
Lucy_Letby
American executed in Kentucky (1952–1997)
never presented evidence of McQueen's childhood neglect or childhood alcoholism as mitigating evidence, and he also never presented evidence that McQueen
Harold_McQueen_Jr.
employed, see, e.g., Arave v. Creech, 507 U.S. 463 (1993), relevant mitigating evidence to be disregarded, see, e.g., Johnson v. Texas, 509 U.S. 350 (1993)
Callins_v._Collins
Criminal executed by lethal injection
While testifying on his own behalf, Duty declined to present any mitigating evidence and said that he preferred death over spending a life sentence in
John_David_Duty
sentence for 16-year-old convicted of murder; the defense presented no mitigating evidence during its sentencing hearing". As of 2024, murder is a class AA
Murder_in_North_Dakota_law
Group of people to render a verdict in a court
the prosecutor calls may present evidence to the grand jury and defendants are not allowed to present mitigating evidence or even to know the testimony that
Jury
2017 murder and dismemberment of Nebraskan woman
Boswell maintained innocence. The prosecution's store receipts and video evidence show the couple purchasing bleach, saws, and trash bags shortly before
Murder_of_Sydney_Loofe
American writer
Evidence (Kensington Books 5/2006, ISBN 978-0-7582-1302-0 Revenge of Innocents (Kensington Books 5/2007) Lily Forrester (ADA, later Judge) Mitigating
Nancy_Taylor_Rosenberg
that is financially sustainable for the homeowner. Lenders benefit by mitigating the losses they would incur through foreclosing on the homeowner. Immediate
Loss_mitigation
without malice or neglect as mitigating evidence, as well as malicious and knowingly false libel as aggravating evidence. Up until the Defamation Act
English_defamation_law
1986 limnic eruption in Cameroon
metre and trees near the lake were knocked down. Scientists concluded from evidence that a 100 metres (330 ft) column of water and foam formed at the surface
Lake_Nyos_disaster
1995 Harvard admissions incident
committed the killing in self-defense. She was charged with murder. In mitigation, evidence suggested that Grant's mother was an alcoholic. Gina claimed that
Gina Grant college admissions controversy
Gina_Grant_college_admissions_controversy
1991 United States Supreme Court case
Amendment did not require the trial court to allow Harmelin to present mitigating evidence. Second, if the Court were to set Harmelin's sentence aside, it would
Harmelin_v._Michigan
Philosophical and social movement
provide the greatest good. Proponents describe the movement as "using evidence and reason to figure out how to benefit others as much as possible, and
Effective_altruism
Pretrial procedure in common law countries for obtaining evidence
lawsuit in which each party, through the law of civil procedure, can obtain evidence from other parties. This is by means of methods of discovery such as interrogatories
Discovery_(law)
2016-07-21. "Sentence of death or life imprisonment; aggravating and mitigating circumstances; definition". Arizona Legislature. Retrieved 3 January 2025
Capital_punishment_in_Arizona
Tendency of AI systems to tell users what they want to hear
litigation and in academic studies as evidence that sycophancy poses risks to user well-being. Proposed mitigations include fine-tuning on synthetic data
Sycophancy (artificial intelligence)
Sycophancy_(artificial_intelligence)
Deceptive marketing tactic
of AI in their products or services. Consumers can mitigate the same by requesting hard evidence from the companies regarding the usage of AI tools.
AI_washing
American legal scholar
a flawed jury system that did not allow for the consideration of mitigating evidence. Newton wrote for SCOTUSblog on the value of law review articles
Brent_Newton
American murderer (1965–2010)
alleged that his trial was improperly handled and that there was mitigating evidence to justify being granted clemency by Governor Charlie Crist, such
Martin_Grossman
Brazilian government organization
Aggravating and mitigating factors Aggravating circumstances [pt] Recidivism [pt] Premeditation [pt] Personal vulnerability [pt] Mitigating circumstances [pt]
Public Prosecutor's Office (Brazil)
Public_Prosecutor's_Office_(Brazil)
2014 United States Supreme Court case
the United States Supreme Court, in Hitchcock v. Dugger, held that mitigating evidence must be allowed, testimony of intellectual disability was presented
Hall_v._Florida
instruction on mitigating evidence of mental retardation for sentencing was not constitutionally adequate. Further, the admission into evidence of statements
List of United States Supreme Court cases, volume 532
List_of_United_States_Supreme_Court_cases,_volume_532
Powered eyelid-cleaning instrument
intended for eyelid cleaning and hygiene and "not for the cure, treatment or mitigation of any disease or condition," and stating that the product was not intended
BlephEx
Theory that firms prefer internal funds, then debt, and use equity last
investment is profitable; further, the current stock price is undervalued, mitigating against issuing shares at these levels. The issue of equity, on the other
Pecking_order_theory
1937 film directed by Joe May
brought as evidence before the presiding judge (Crisp). When he orders it opened to attempt to determine if it contains mitigating evidence, Vera abruptly
Confession_(1937_film)
2009 United States Supreme Court case
sentencing hearing, Cone's attorney did not present evidence of Cone's drug use as mitigating evidence. Cone's attorney also waived his final argument so
Cone_v._Bell
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