Including Assets-Based Mitigation in Sentencing. (July 2020)

• Record Type: Journal Article
• Authors: Vartkessian, Elizabeth S.
• Other Names: Moore Janet guest-editor.; Davies Andrew L. B. guest-editor.
• Is Part Of: Criminal justice policy review. Volume 31:Number 6(2020)
• Page Start: 857
• Page End: 885
• Publication Date: 2020-07
• Subjects: criminal justice policy -- sentencing -- criminal trial -- sentencing policy; Criminal justice, Administration of -- United States -- Periodicals; 364.973
• DOI: 10.1177/0887403419866887
• Languages: English
• ISSNs: 0887-4034

Abstract

Mitigation evidence consists of information about an accused person that is typically used to advocate for a less severe sentence. Such evidence most frequently consists of information related to the crime and personal factors that can be separated into two broad categories: deficits and assets-based mitigation. This article focuses on the importance of assets-based mitigation in sentencing and evaluates if and how state sentencing procedures contemplate and allow for consideration of such evidence. A content analysis of available state sentencing procedures reveals that states tend to circumscribe mitigation to factors related to the crime or deficits, but largely neglect to give a vehicle to consider assets-based mitigation, which should play a central role in achieving just outcomes. This article therefore argues for reform to sentencing laws to better accommodate assets-based mitigation by including information related to the defendant's capacity for growth, self-improvement, and redemption.