clinton j. roberts

Definition of Mitigation in Criminal Law

When judges determine sentencing in criminal cases, they consider all information about the defendant’s culpability.

Prosecutors present evidence of aggravating factors to support severe penalties. The defense offers documentation of mitigating factors for leniency, mercy, and fairness to lessen a sentence.

The extent and detail of the facts in all types of criminal offenses from violent and non-violent crimes to death penalty cases require special consideration. The judge is obligated to take mitigating factors, life experiences, education, military service and community involvement into consideration.

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