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"The sole submission in this case is that the disorder suffered, and still suffered, by the applicant is a sufficient mitigating circumstance to justify a long finite term of years instead of a whole-life tariff".
4.21am GMT 15th over: England 71-2 (Stokes 6, Ballance 1) That run-out did have one mitigating circumstance, to be totally honest.
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The federal courts have overturned many death sentences since a United States Supreme Court decision last June raised the standard for a defense lawyer's duty to conduct a thorough investigation for mitigating circumstances to present to a jury in a death-penalty hearing.
In determining his punishment, the difference between a death sentence and one of life in prison hinged on the demonstration of what Texas law calls a "sufficient mitigating circumstance," such as a mental illness or impairment.
When I saw the picture, the audience whooped with glee as Bateman, in mid-murder, discoursed eloquently on the significance of Huey Lewis and the News; it was as if musical taste this dire should be read as mitigating circumstance.... View Article Anthony Lane has been a film critic for The New Yorker since 1993.
The defense, in turn, is allowed to present evidence of "mitigating circumstances" -- basically, any evidence that might weigh against a sentence of execution.
At that time, Sergeant Bales and his lawyers could present evidence of extenuating or mitigating circumstances, and Sergeant Bales would have an opportunity to testify, the judge said.
There was presented extenuating and mitigating circumstances revolving around "his neglect" and "his failures to discharge his duties" and the commission believed him.
But if a prosecutor seeks the death penalty, a guilty verdict kicks off a second trial phase in which jurors consider mitigating circumstances in weighing whether a defendant should be sent to death row.
In its most recent ruling, the United States Court of Appeals for the Third Circuit, in Philadelphia, overturned the death sentence on the ground that the jury's sentencing instructions violated a 1988 Supreme Court decision holding that jurors did not have to agree unanimously on the existence of "mitigating circumstances" that could weigh against that state's argument for death.
In the notes, the jurors said they were divided on whether lawyers for Mr. Hayes had proved certain mitigating circumstances concerning him that Connecticut law defines as an absolute barrier to a death sentence.
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