Mitigating factors may come in the form of refutations to common aggravating factors. For example, factors such as a lack of criminal or violent history or good adjustment to institutional life in jail or prison may be presented to indicate a lack of what would otherwise be potentially aggravating factors in the minds of capital jurors.

Question

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Mitigating factors are indeed used to counterbalance or refute aggravating factors in legal contexts, especially in capital cases. They serve to present the defendant in a more favorable light by highlighting aspects such as a lack of prior criminal history or good behavior in custody, which can influence the jury's perception and potentially lead to a lesser sentence.

Mitigating Factors May Come in the Form of Refutations to Common