RT Article
T1 Including Assets-Based Mitigation in Sentencing
JF Criminal justice policy review
VO 31
IS 6
SP 857
OP 885
A1 Vartkessian, Elizabeth S.
LA English
YR 2020
UL https://krimdok.uni-tuebingen.de/Record/1767983360
AB 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.
K1 Criminal Justice Policy
K1 Sentencing
K1 Criminal Trial
K1 Sentencing Policy
DO 10.1177/0887403419866887