Also known as: mitigating circumstance · mitigating factors · mitigators · mitigation
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A factor reducing the amount of damages recoverable when the defendant's tortious conduct has conferred a special benefit on the interest of the plaintiff that was harmed. The benefit is considered only to the extent that doing so is equitable.
A factor reducing the amount of damages recoverable when the defendant's tortious conduct has conferred a special benefit on the interest of the plaintiff that was harmed. The benefit is considered only to the extent that doing so is equitable.
Select any source to read its text and confirm it supports the definition.
Factors concerning the defendant's character, background, or the circumstances of the offense that may justify a sentence less severe than would otherwise be imposed.
Select any source to read its text and confirm it supports the definition.
Factors concerning the defendant's character, background, or the circumstances of the offense that may justify a sentence less severe than would otherwise be imposed.
Each sense below has its own examples, sources, and questions.
Meredith Maxwell's negligent driving damaged Marcus Mitchell's fence but also cleared an invasive vine that had been destroying Mitchell's garden. Mitchell seeks full repair costs. The court reduces the award by the value of the cleared garden because the same conduct produced that benefit to the harmed interest.
When the defendant's conduct confers a special benefit on the very interest harmed, the value of that benefit reduces the damages award to the extent equity permits.
Supporting sources
Marcus Mitchell is convicted of drug possession. He offers evidence of his youth and lack of prior record as mitigating circumstances. The court considers those factors and imposes a sentence below the presumptive range because the personal history calls for leniency.
Monica Morgan is sentenced to death after counsel decides not to present additional evidence of her troubled childhood. Morgan claims ineffective assistance. The court finds counsel's strategic decision reasonable and concludes that the omitted evidence would not have changed the balance of aggravating and mitigating factors.
Marcus Mitchell receives a mandatory life sentence without parole for possessing a large quantity of cocaine. He argues the sentence is cruel and unusual because the court could not consider his personal history. The court upholds the sentence, holding that individualized mitigation is not always required for non-capital offenses.
Melissa Mills is sentenced to death. She presents statistical evidence showing that defendants who kill white victims are far more likely to receive death sentences. Mills claims the pattern violates equal protection. The court holds that the evidence does not prove purposeful discrimination in her individual case.
Miranda Morales is sentenced to death while claiming she is mentally incompetent. She seeks a hearing to present evidence of her condition as a mitigating factor. The court holds that the Eighth Amendment requires a reliable procedure to determine whether she can be executed.
The sentencer may consider any aspect of the defendant's character, background, or offense circumstances that calls for a sentence less than the maximum otherwise available.
Counsel's performance is measured by prevailing professional norms. Even if deficient, the defendant must show a reasonable probability that the sentencer would have reached a different result after weighing the additional evidence against the aggravating factors.
Supporting sources
…the statutory requirements. Good motives and belief in truth do not negate an inference of malice, but are relevant only in mitigation of punitive damages if the jury chooses to accord them weight. Johnson Publishing Co. v. Davis, supra, 271 Ala., at 495, 124 So. 2d, at 458. The question before us is whether this rule of…