Including Assets-Based Mitigation in Sentencing
Mitigation evidence consists of information about an accused person that is typically used to advocate for a less severe sentence. Such evidence most frequently consists of information related to the crime and personal factors that can be separated into two broad categories: deficits and assets-base...
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| Format: | Electronic Article |
| Language: | English |
| Published: |
2020
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| In: |
Criminal justice policy review
Year: 2020, Volume: 31, Issue: 6, Pages: 857-885 |
| Online Access: |
Volltext (Verlag) |
| Journals Online & Print: | Drawer...
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| Check availability: | HBZ Gateway |
| Keywords: |
| Summary: | Mitigation evidence consists of information about an accused person that is typically used to advocate for a less severe sentence. Such evidence most frequently consists of information related to the crime and personal factors that can be separated into two broad categories: deficits and assets-based mitigation. This article focuses on the importance of assets-based mitigation in sentencing and evaluates if and how state sentencing procedures contemplate and allow for consideration of such evidence. A content analysis of available state sentencing procedures reveals that states tend to circumscribe mitigation to factors related to the crime or deficits, but largely neglect to give a vehicle to consider assets-based mitigation, which should play a central role in achieving just outcomes. This article therefore argues for reform to sentencing laws to better accommodate assets-based mitigation by including information related to the defendant’s capacity for growth, self-improvement, and redemption. |
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| ISSN: | 1552-3586 |
| DOI: | 10.1177/0887403419866887 |