extenuate

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extenuate

(iksten´ūāt´),
v to lessen; to mitigate.
References in periodicals archive ?
Section 3 discusses the cases that allow defense counsel to offer opinions about the accused's potential for future military service during the case in extenuation and mitigation.
57) The defense's case in extenuation and mitigation included good military character evidence and witness testimony about the appellant's good duty performance in Afghanistan.
Defense evidence must be offered in rebuttal to Government evidence, (20) or must be presented in extenuation (21) or in mitigation.
It represents the trial that would have occurred if all witnesses testified in the most persuasive fashion to all pertinent facts; all documents contained only incriminating facts without distracting complications or exculpatory information; all evidentiary questions were resolved in favor of the Government; and the whole sum of the tale left no opportunity for the accused to assert a defense or provide plausible extenuation or mitigation.
40) Shortly thereafter, military judges were required to "'particularly delineate' factors such as pretrial confinement" (41) when they instructed the members "to consider all matters in extenuation and mitigation.
This often happens when the defense infuses an issue of mental responsibility into the trial, usually in the form of testimony regarding a possible mental disorder during defense's case in extenuation and mitigation.
325, 327-28 (1997) (holding that the SJA's statement that "all of the matters submitted for your consideration in extenuation and mitigation were offered by the defense at trial; and the senior-most military judge in the Pacific imposed a sentence that, in my opinion, was both fair and proportionate to the offense committed" is new matter); United States v.
Once convicted of a capital offense, a defendant has the right to present evidence in extenuation and mitigation.
Significantly, the court said that such sentence comparison evidence--not of a co-accused, but merely of someone similarly situated--is irrelevant as extenuation and mitigation under RCM 1001 and may be appropriately excluded "if the military judge determines that an instruction would not suffice to place the statement in proper context for the members.
Mental illness is legally relevant to mental capacity to stand trial, (3) mental responsibility, (4) possession of a criminal mens rea, (5) commission of a voluntary act, (6) and mitigation or extenuation of offenses.
208) Third, during sentencing, the accused is accorded "broad latitude to present evidence in extenuation and mitigation.