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- Part E Mitigating Circumstances(Chapter 34. - 55.)
- 36. Mitigating Circumstances: Personality Disorders.(Article A. - D.)
d. Specific Circumstances: Nonstatutory Mitigation.
Jurisdiction | Arizona |
i. Given Weight as Mitigation.
• Where the defendant had borderline personality disorder; a willingness to control actions differes from an ability to do so; the defendant had superior cognitive abilities. Brewer, 170 Ariz. at 505-06.
• Where the defendant had an antisocial personality disorder caused in part by a dysfunctional childhood. King, 180 Ariz. at 288.
• Where the defendant had passive-aggressive personality, antisocial personality, and borderline personality. Stokley, 182 Ariz. at 524.
• Where the defendant suffered from hyperactivity and there was the mere possibility of other mental disorders, but no brain damage. Murray, 184 Ariz. at 45.
• Where the defendant had a passive personality, was easily manipulated by others, which characteristics were rooted in mental-health problems, but the weight accorded was negligible because of the defendant’s active participation throughout the 6-hour ordeal and because he strangled and stabbed the victim. Clabourne, 194 Ariz. at 379, ¶ 33.
ii. Questionable Whether Given Weight as Mitigation.
• Where the defendant was a sexual psychopath. Castaneda, 150 Ariz. at 391, 394-95.
• Where the defendant asserted impulsive personality and a history of substance abuse, but the defendant was not intoxicated at the time. Wood, 180 Ariz. at 71.
• Where the defendant had a personality disorder with dependent, anti-social, and compulsive traits, but a mental-health expert testified that he consciously chose violent, aggressive behavior to compensate for feelings of inadequacy, enjoyed acting out, and used...
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Request your trial- Part E Mitigating Circumstances(Chapter 34. - 55.)
- 36. Mitigating Circumstances: Personality Disorders.(Article a. - d.)
- a. Editor's Notes.
- b. Basic Principles.
- c. Specific Circumstances: Statutory Mitigation.
- d. Specific Circumstances: Nonstatutory Mitigation.
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