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Keywords: Mitigation
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Journal Articles
New Criminal Law Review (2019) 22 (4): 359–390.
Published: 01 November 2019
... 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” regime of constitutional...
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 (2013) 16 (3): 449–493.
Published: 01 July 2013
...—a 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 free will criminal responsibility determinism neuroscience mitigation...