Aggravating and Mitigating Circumstances, Evaluation of in Capital Cases

2013 ◽  
Author(s):  
Bridget M. Doane ◽  
Karen L. Salekin
Keyword(s):  
Capital Cases ◽  
Mitigating Circumstances

Jury Considerations in Capital Cases

2020 ◽  
pp. 25-33
Author(s):  
John R. Barner
Keyword(s):  
Human Rights ◽  
Social Work ◽  
Procedural Justice ◽  
Special Consideration ◽  
Review Of The Literature ◽  
Capital Cases ◽  
Empirical Context ◽  
Legal Frameworks ◽  
Mitigating Circumstances ◽  
Lengthy Discussion

This chapter examines the types of special consideration that jurors provide in capital cases. This includes not only the instructions provided by the court, but also the weight given to aggravating and mitigating circumstances, as mandated by the decision in Gregg v. Georgia (1976). This chapter explores the issues around juror consideration from a multifaceted lens, examining whether instructions to jurors in capital cases are appropriately effective, given their legal, historical, and empirical context. Particular attention is paid to the context in which jurors consider evidence, testimony, and argument in the bifurcated trial proceedings mandated by Gregg, as well as varied application of the procedural mandates from state to state, and the influence of different legal frameworks. The chapter concludes with a lengthy discussion of the possible human rights and social work implications of juror instructions and provides a terse review of the literature on advocacy for procedural justice reform.

Moral reactions to crime: Remorse and mitigating circumstances

2006 ◽  
Author(s):  
Steen Sehnert ◽  
Gabrielle Adams ◽  
Thane Pittman ◽  
John Darley
Keyword(s):  
Mitigating Circumstances

Mitigating Circumstances in Higher Education

2015 ◽  
Vol 5 (8) ◽  
pp. 729-734
Author(s):  
Elizabeth Achinewhu-Nworgu ◽  
Queen Chioma Nworgu
Keyword(s):  
Higher Education ◽  
Mitigating Circumstances

scholarly journals From the ghetto to the Gulag, from the ghetto to Israel: Soviet collaboration trials against the Shargorod ghetto’s Jewish Council

2019 ◽  
Vol 17 (1) ◽  
pp. 83-97 ◽  
Author(s):  
Wolfgang Schneider
Keyword(s):  
Oral History ◽  
Occupied Territories ◽  
Oral History Interviews ◽  
Mitigating Circumstances

Beginning in 1944, Soviet authorities arrested former Jewish Council members of different ghettos and put them on trial for collaboration with the Axis powers. This case study examines the 1944 trials of Meir Teich and Isaak Sherf, two leading figures of the Shargorod ghetto’s Jewish administration. Drawing on trial documents, oral history interviews and memoirs, this article focuses on two aspects: how Soviet courts selectively accepted support for the partisans as mitigating circumstances, and how survivor networks among the witnesses influenced the trials. These aspects are discussed in the context of the (re-)Sovietization of formerly occupied territories, in this case Transnistria, the Romanian occupation zone.

scholarly journals Small-scale societies exhibit fundamental variation in the role of intentions in moral judgment

2016 ◽  
Vol 113 (17) ◽  
pp. 4688-4693 ◽  
Author(s):  
H. Clark Barrett ◽  
Alexander Bolyanatz ◽  
Alyssa N. Crittenden ◽  
Daniel M. T. Fessler ◽  
Simon Fitzpatrick ◽  
...  
Keyword(s):  
Moral Judgment ◽  
Large Scale ◽  
Narrow Range ◽  
Cross Cultural ◽  
Moral Judgments ◽  
Small Scale ◽  
Cultural Variation ◽  
Moral Assessment ◽  
Mitigating Circumstances

Intent and mitigating circumstances play a central role in moral and legal assessments in large-scale industrialized societies. Although these features of moral assessment are widely assumed to be universal, to date, they have only been studied in a narrow range of societies. We show that there is substantial cross-cultural variation among eight traditional small-scale societies (ranging from hunter-gatherer to pastoralist to horticulturalist) and two Western societies (one urban, one rural) in the extent to which intent and mitigating circumstances influence moral judgments. Although participants in all societies took such factors into account to some degree, they did so to very different extents, varying in both the types of considerations taken into account and the types of violations to which such considerations were applied. The particular patterns of assessment characteristic of large-scale industrialized societies may thus reflect relatively recently culturally evolved norms rather than inherent features of human moral judgment.

Reflections on One Hundred Capital Cases Submitted to Electroencephalography

1952 ◽  
Vol 98 (410) ◽  
pp. 23-43 ◽  
Author(s):  
Denis Hill ◽  
D. A. Pond
Keyword(s):  
Cross Section ◽  
Medical Officer ◽  
Brain Disease ◽  
Capital Cases

During the last eight years the E.E.G.'s of over 100 persons awaiting trial on charges of murder have been examined, at first at Sutton and since 1947 at the Maudsley Hospital. While a few cases were seen during the war, the majority of these prisoners have been examined since the end of hostilities and about 50 of them between 1948-1950. It is difficult to assess to what extent this group constitutes a cross-section of the murderer population. During the four years 1945-48 inclusive some 300 prisoners were committed for trial at Assizes over the whole country on the charge of murder and this is the stage at which the majority of our subjects have been examined. Some 50 prisoners were examined during this period so that approximately one-sixth of all cases have been seen here. There were no formal criteria of selection, which was usually made by the prison medical officers, but inevitably there has been a greater concentration within the group of individuals suspected of epilepsy or brain disease. Nevertheless, in the last two years the majority of prisoners accused of murder in the London area and home counties have been examined. At the time when the examinations were made, we were supplied in each case with full clinical details and some information regarding the alleged crime by the prison medical officer. By far the largest number of such prisoners has come to us from Brixton Prison. We are greatly indebted to Dr. J. C. Matheson, Dr. Hugh Grierson, Dr. F. H. Taylor, as well as to medical officers of other prisons throughout the country, who have given us all the information available and have collaborated with us in an invaluable way in our investigations.

Kantian Rigorism and Mitigating Circumstances

Ethics ◽  
2006 ◽  
Vol 117 (1) ◽  
pp. 32-57 ◽  
Author(s):  
Tamar Schapiro
Keyword(s):  
Mitigating Circumstances
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