The Spring 2008 Hofstra Law Review is a special issue presenting, "Supplementary Guidelines for the Mitigation Function of Defense Teams In Death Penalty Case." Congratulations to Hofstra Law's Eric Freedman for his leadership, scholarship, and diligent work.
Robin Maher, Director of the ABA Death Penalty Representation Project, calls the Supplementary Guidelines, "a natural and complementary extension," of the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases.
Mitigation evidence is a critical part of any capital trial. It's importance was recognized by the Supreme Court in Gregg v. Georgia, which declared constitutional new death penalty laws passed in the 1970's. The development and presentation of mitigation evidence is at the heart of the Court's 2003 ruling in Wiggins v. Smith. This from Justice Sandra Day O'Connor's opinion, via Oyez:
"Had the jury been able to place [Wiggins's] excruciating life history on the mitigating side of the scale, there is a reasonable probability that at least one juror would have struck a different balance," wrote Justice O'Connor.
The mitigation index is here.
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