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Mitigation in Capital Punishment Cases

By Joseph Tacopina Published January 22, 2013
Criminal Defense
Tags: capital punishment, criminal charge, criminal defense attorney, mitigating factors

This past August, a jury in Westmoreland County, Pennsylvania, decided on a death penalty verdict for 22-year-old Melvin Knight, who pleaded guilty to murder in the torture killing of a mentally disabled woman he held captive in a dingy western Pennsylvania apartment.

The prosecutor had argued Knight deserved the death penalty because his crimes were so depraved. The defense attorney had argued for life in prison rather than capital punishment, citing Knight’s relatively young age and his lack of a prior criminal record as mitigating factors.

Any crime that is punishable by death by law of the state is a capital offense. However, capital punishment is generally reserved for the most serious crimes such as first-degree premeditated murder and intentional murder with special circumstances—like serial murders or those perpetrated along with other violent crimes. Navigating these complex cases requires the expertise of Criminal Lawyers in New York.

Before deciding whether to impose capital punishment, the jury is instructed to weigh the aggravating factors presented by the prosecution against the mitigating factors presented by the defense. This is a critical stage where an experienced NYC Criminal Defense Lawyer can make all the difference.

State laws vary in what are considered aggravating factors, but typically they relate to the heinous nature of the offense, the type of victim, or the motive behind the crime, such as murders committed for money. Mitigating factors, also called mitigation, are evidence intended to qualify the seriousness of the criminal charge. In capital crimes, mitigating evidence shows why the defendant should not receive the death penalty. Mitigating factors generally involve the defendant’s background, including a history of mental illness, disability, or a previous trauma suffered by the defendant. The absence of a prior criminal record is also a mitigating factor. The Supreme Court in Lockett v. Ohio (1978) stated a jury should be allowed to consider “any aspect of a defendant’s character or record and any of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death.”

As experienced Criminal Lawyers in NYC, we routinely retain mitigation specialists to investigate defendants’ backgrounds for possible mitigation evidence. When seeking the best criminal lawyer nyc for a serious charge, it’s vital to find a firm that adheres to the highest standards. The American Bar Association’s guidelines on the defense in death penalty cases require that “The defense team should consist of no fewer than two attorneys…an investigator and a mitigation specialist.” (Guideline 4.1, page 952). The best criminal attorney nyc understands the importance of a comprehensive and dedicated defense team.

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Tacopina Seigel & DeOreo is located in New York, NY and serves clients in and around New York, Long Island City, Sunnyside, Astoria, Brooklyn, Woodside, Maspeth, Middle Village, Jackson Heights, Elmhurst, Ridgewood, East Elmhurst, Bronx, Rego Park, Corona, Forest Hills, Woodhaven, College Point, Ozone Park, Jamaica, Howard Beach, Bronx County, Kings County, New York County and Queens County.

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