Differential impact of mitigating evidence in capital case sentencing

Case law delineates the importance placed on mitigation, but both the psychological and legal literature are inconclusive about the use and effectiveness of biopsychosocial mitigating factors during sentencing in capital trials. The present Study Surveyed a diverse group Of undergraduate participants and found the following circumstances to be most mitigating: mental retardation, hospitalization for a mental illness, no prior criminal record, major head injuries, schizophrenia, and history of childhood physical or sexual abuse. The participants found alcohol/ drug dependence and alcohol/drug intoxication to be aggravating circumstances. The effectiveness of biopsychosocial mitigating factors, the need for mental health professionals to conduct mitigation evaluations, and implications for clinical practice are discussed.