Mitigating evidence is evidence that is provided (usually by the defendant in a criminal trial) in order to try to establish the presence of

mitigating circumstances In criminal law, a mitigating factor, also known as an extenuating circumstance, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sente ...

. The presence of mitigating circumstances can reduce the punishment imposed for the offense. The case of the '' Oregon v. Guzek'' dealt with the issue of whether

alibi An alibi (from the Latin, '' alibī'', meaning "somewhere else") is a statement by a person, who is a possible perpetrator of a crime, of where they were at the time a particular offence was committed, which is somewhere other than where the crim ...

evidence not introduced at trial could be introduced in the sentencing phase of a death penalty trial as mitigating evidence.

References

Evidence law {{law-stub