Mitigation Specialist Services

Mitigation, “mitigating factors,” and “mitigating evidence” are terms that refer to evidence presented by the defense during a capital trial. This evidence aims to prove why the defendant should not receive a death sentence, even if they have been found guilty of a capital offense. 

Mitigating factors can include:

• Mental health struggles.
• Expressions of remorse.
• Abuse during childhood or during youth.
• Neglect during childhood or during youth.
• A minor role in the homicide.
• Absence of a prior criminal record.
• Socioeconomic factors.

Ultimately, the purpose of mitigating evidence is to ensure the death penalty is only used for “the worst of the worst” crimes. The Supreme Court has ruled that, in deciding between a death sentence and life imprisonment, the jury may consider any mitigating evidence that a juror finds relevant.

This ruling highlights the importance of thoroughly presenting a comprehensive case for mitigation.