In addition to minimizing the witness's foundation and challenging absurd opinions, defense counsel can inject the entire defense case in extenuation
and mitigation (59) into the government's case in aggravation.
The attorney will have converted mitigation into extenuation
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
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
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
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
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
208) Third, during sentencing, the accused is accorded "broad latitude to present evidence in extenuation
Griggs, (243) the AFCCA addressed the requirement of the military judge to instruct the members on extenuation
and mitigation evidence.