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mitigation

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Journal Articles
New Criminal Law Review (2017) 20 (3): 506–533.
Published: 01 August 2017
...Kevin Kwok-yin Cheng Despite the significant role that aggravating and mitigating factors play in sentencing outcomes, they have been neglected by both policy and research. The purpose of this study is to examine the influence of culture—which has been deemed to be an “elusive” influence—in the...
Journal Articles
New Criminal Law Review (2010) 13 (1): 23–89.
Published: 01 January 2010
... offers a more principled perspective to the question of why people who previously had no inclination toward violence would go on to perpe- trate such violent crimes.24 However, the area of excuse and mitigation in the context of interna- tional criminal law (ICL) remains in flux.25 A catalogue of...
Journal Articles
New Criminal Law Review (2009) 12 (2): 171–204.
Published: 01 April 2009
...Alycee Lane This article examines how mitigation discourse fails to address the racial implications of presenting to white jurors a narrative of a black capital defendant's dysfunctional family life. Given the plethora of racist configurations in the public sphere of "the black family"——signified...
Journal Articles
New Criminal Law Review (2016) 19 (1): 93–108.
Published: 01 February 2016
Journal Articles
New Criminal Law Review (2009) 12 (2): 205–286.
Published: 01 April 2009
...Jim Staihar When someone performs a criminal act, there is a rebuttable presumption that she is particularly blameworthy and liable to a particularly severe punishment for the act. The presumption is rebutted when the criminal actor has an exculpatory defense. Such defenses mitigate how much a...
Journal Articles
New Criminal Law Review (2019) 22 (4): 359–390.
Published: 01 November 2019
... has led to the investigation and presentation of in-depth evidence in mitigation; and (3) greater regulation of the adequacy of defense counsel that has moved closer to a “checklist” model of mandated practices. Each of these doctrines was born and developed under the Court’s “death is different...
Journal Articles
New Criminal Law Review (2019) 22 (1): 73–98.
Published: 01 February 2019
... of homelessness nor a substitute for the state’s responsibility to ensure better access to housing. However, this article’s proposals can mitigate the gravest consequences associated with homeless people’s punishments, prevent entrenchment in homelessness, and ensure homeless people are treated with...
Journal Articles
New Criminal Law Review (2018) 21 (2): 291–315.
Published: 01 May 2018
... difference the neuroscience data might make in case outcomes. This analysis provides preliminary data suggesting that neuroscience data can act to promote a defendant’s blameworthiness even as it is used to mitigate the findings. © 2018 by The Regents of the University of California 2018 appeal...
Journal Articles
New Criminal Law Review (2014) 17 (3): 442–501.
Published: 01 August 2014
... little probative value beyond the common sense wisdom about children that “any parent knows,” the Court’s efforts to employ psychiatric data to objectify mitigating criteria have distracted the Justices from analyzing the precise legal relationship between diminished capacity and diminished culpability...
Journal Articles
New Criminal Law Review (2016) 19 (4): 473–543.
Published: 01 November 2016
... justice system’s recognition of fundamental rights, upholds the objectives of the ICC, and mitigates the most serious challenges faced by the Court. © 2016 by The Regents of the University of California 2016 International Criminal Court trial attendance by the defendant goals of international...
Journal Articles
New Criminal Law Review (2020) 23 (3): 315–365.
Published: 27 July 2020
... to effectively and safely integrate into society, thereby increasing rather than mitigating risk. As for the latter, respondents in states utilizing standardized and empirically val- idated risk assessment instruments expressed concern that differentiating registrants based solely on the crime of...
Journal Articles
New Criminal Law Review (2020) 23 (2): 170–195.
Published: 15 April 2020
... Decisionmaking, 47 U. KAN. L. REV. 1, 14 15 (1998) (describing the ends/means distinction articulated in the Model Rules as vague and confusing). 27. MODEL RULES OF PROF L CONDUCT R. 1.2(a) (2018). 28. Moore, supra note 7, at 145. ALLOCAT ING AUTHORITY | 177 waive presentation of mitigating evidence29 or other...
Journal Articles
New Criminal Law Review (2020) 23 (1): 113–138.
Published: 01 February 2020
... tremendous impact on mitigating the harshness of the criminal law. Of those formally charged with felonies punishable by death, less than half were actually convicted. Of those convicted, the vast majority escaped the gallows.17 15. Donald Black, Crime as Social Control, 48 AM. SOC. REV. 34 (1983). 16. These...
Journal Articles
New Criminal Law Review (2020) 23 (1): 74–112.
Published: 01 February 2020
Journal Articles
New Criminal Law Review (2013) 16 (3): 449–493.
Published: 01 July 2013
... tendency that biases adjudicators against relevant arguments for mitigation in sentencing. Modern science could have an important corrective effect in this context. © 2013 by the Regents of the University of California. 2013 Yale Law School, J.D. Candidate. Princeton University, Department of...
Journal Articles
New Criminal Law Review (2019) 22 (4): 434–493.
Published: 01 November 2019
Journal Articles
New Criminal Law Review (2019) 22 (4): 494–541.
Published: 01 November 2019
... United States, 57 WM. & MARY L. REV. 1147 (2016). 502 | NEW CRIMINAL LAW REVIEW | VOL . 22 | NO . 4 | FALL 2019 and mitigation of the uncertainty involved in a trial.31 These goals can be achieved by, among other things, setting a rigorous timetable, requiring the defendant s presence at the hearing, and...
Journal Articles
New Criminal Law Review (2019) 22 (3): 236–300.
Published: 01 August 2019
Journal Articles
New Criminal Law Review (2019) 22 (2): 200–222.
Published: 01 May 2019
... well as in practice. © 2019 by The Regents of the University of California 2019 capital punishment death penalty future dangerousness Anil Anthony mitigating factors IS THERE SUCH A THING AS FUTURE DANGEROUSNESS ? EXAMINING CAPITAL SENTENCING JURISPRUDENCE IN INDIA AFTER ANIL ANTHONY...
Journal Articles
New Criminal Law Review (2019) 22 (2): 164–199.
Published: 01 May 2019
... offenders, has general impli- cations for sentencing in Malawi. As will be demonstrated in this paper, post-conviction factors can either aggravate or mitigate a sentence. The result is that a convict may end up getting a lesser or harsher sentence, depending on whether or not the judge was able to consider...