An introduction to mitigation: a defendant’s

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An introduction to mitigation: a defendants mental condition, personal and social history By Jessica Sutton What is mitigation? The empathy-evoking evidence that attempts to humanize the client in death penalty cases The suddering

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An introduction to mitigation: a defendant’s mental condition, personal and social history By Jessica Sutton<br>
02
What is mitigation? The empathy-evoking evidence that attempts to humanize the client in death penalty cases
The suddering recognition of a kinship which evokes, ‘there but for the grace of God go I’
“Juries want to kill monsters. They have a very hard time giving the go-ahead to kill somebody they see as a vulnerable human being” - Robert Dunham<br>
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What is mitigation? it is “arguably the central [] duty of counsel in a capital case [] to humanize the client in the eyes of those who will decide his fate”
Scope and nature of mitigation:
Mitigation evidence includes, but is not limited to: the ability to make a positive adjustment to incarceration, the realities of incarceration and the actual meaning of a life sentence, capacity for redemption, remorse, execution impact, vulnerabilities related to mental health, explanations of patterns of behavior, negation of aggravating evidence regardless of its designation as an aggravating factor, positive acts or qualities, responsible conduct in other areas of life (e.g. employment, education, military service, as a family member), any evidence bearing on the degree of moral culpability, and any other reason for a sentence less than death. 36 HOFSTRA L. REV. 677, 679 (2008).<br>