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Although his law enforcement colleagues are diligently working to shore up their criminal case to counter a possible plea of insanity that could mitigate punishment, Sheriff Dupnik seems torn about Mr. Loughner's mental state.
Gideon Welles, the secretary of the Navy, confided to his diary that the president "is always disposed to mitigate punishment, and to grant favors," adding that "sometimes this is a weakness".
Article 7(2) of the Statute provided, "The official position of any Accused person, whether as Head of State or Government … shall not relieve such person of criminal responsibility nor mitigate punishment" (Statute of ICTY, Art. 7(2)).
First, it would undermine the idea that punishment should be doled out for particular wrongs, as punishers would instead have reason to make up for wrongs that went unpunished, while keeping track of all good deeds that should mitigate punishment.
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Instead of a lesson about the importance of honesty and originality, they say, students learned that complaining to higher powers mitigates punishment.
Sex outside of their ideal scenario (in marriage, at the husband's wish, for reproduction) should be punished, and steps to mitigate that punishment (STD prevention, pregnancy prevention) should be discouraged or lambasted as immoral.
His supporters argue that the charitable life he led over the past 28 years should mitigate his punishment.
"Bill Allen was willing to say anything it took to try to mitigate the punishment he's looking at".
That may have helped mitigate the punishment, but clearly the N.C.A.A. decided the school had not gone far enough.
Last month, Armstrong met with Travis Tygart, chief executive of the United States Anti-Doping Agency, to begin discussing a way in which an admission from Armstrong could mitigate his punishment.
Daniel C. Richman, a law professor at Columbia University, said Mr. Tsarnaev's lawyer would do all he could to persuade his client to cooperate fully with the authorities in order to mitigate his punishment to life imprisonment.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com