banner ad

Experts.com features Member articles and case scenarios free of charge. Contact Us if you are interested in having your work published on our website and linked to your Profile(s).

Articles on Foster Care / Foster Home

Sort by:  

The sensationalism of many criminal trials, especially those of a capital nature, often result from the aggravating circumstances impacting the victim.2 Conversely, the mitigating circumstances that affect the accused's criminality rarely grab headlines.3 During the sentencing phase of a criminal trial, mitigating factors may justify leniency or otherwise serve to lessen the sentence for the crime with which the accused has been charged.4 Whether a particular factor will be considered a mitigating one will depend upon the particular facts of the case. The federal Sentencing Reform Act of 19845 provides guidance in this process,6 but each state maintains the discretion to dictate its own criteria within the confines of constitutional constructs.7 The United States Supreme Court has increasingly addressed the importance of clarity in the presentation and consideration of mitigating evidence, which is integral to the trial and sentencing of an accused.8