Also known as: mitigated information · mitigating evidence · mitigation info
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
Evidence offered at the penalty phase of a capital trial to support a sentence of imprisonment rather than death. The sentencer must consider such evidence when choosing between the two penalties.
Evidence offered at the penalty phase of a capital trial to support a sentence of imprisonment rather than death. The sentencer must consider such evidence when choosing between the two penalties.
Select any source to read its text and confirm it supports the definition.
Information known to a prosecutor that tends to negate the guilt of the accused or mitigates the offense. The prosecutor must make timely disclosure of this information to the defense and, at sentencing, to the defense and the tribunal unless relieved by protective order.
Select any source to read its text and confirm it supports the definition.
Information known to a prosecutor that tends to negate the guilt of the accused or mitigates the offense. The prosecutor must make timely disclosure of this information to the defense and, at sentencing, to the defense and the tribunal unless relieved by protective order.
Each sense below has its own examples, sources, and questions.
At the penalty phase of a capital trial, defense counsel already presented mitigating evidence during the guilt phase and decides against calling character witnesses or making a closing argument. The witnesses risked revealing harmful information and a closing would invite strong rebuttal. The court holds that the decision is strategic and does not constitute ineffective assistance.
Evidence that a mental disease or defect impaired the defendant's capacity to appreciate the wrongfulness of conduct or to conform conduct to law is admissible when the sentencer chooses between death and imprisonment. The evidence supports a sentence of imprisonment rather than death even if it falls short of establishing legal insanity.
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The decision is treated as a strategic choice when mitigating evidence was already introduced at trial, character witnesses risk revealing harmful information, and a closing argument would invite strong rebuttal. Such a choice does not constitute ineffective assistance.
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Yes. The penalty phase focuses on moral culpability and the choice between death and imprisonment. Evidence of impaired capacity is admissible as mitigation regardless of the guilt-phase outcome on insanity.
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Midnight Solar's internal auditor produced a report showing that software errors caused anomalous meter readings without employee action. The prosecutor received the report during pre-charging talks but withheld it from Mackenzie's counsel despite her request for exculpatory material. The court orders disclosure because the report supplies a non-criminal explanation that tends to negate guilt.
Yes. The duty to disclose turns on the prosecutor's knowledge of information that tends to negate guilt or mitigate the offense, not on whether other inculpatory evidence exists. The rule requires timely disclosure to the defense unless a protective order relieves the obligation.
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