Mitigation Declarations

The declarations provided on this page may be out of date, but are included as samples of what the Project can provide.

Declaration, community conditions as mitigation (McNally 2008)

Provides a list of federal capital prosecutions in which the history and economic and social conditions of the defendant's  neighborhood were introduced as mitigation evidence.

Declaration, use of videotaped penalty witness (McNally 2007)

Provides a list of federal capital trial in which videotapes of non-testifying individuals were introduced into evidence.

Declaration re Execution Impact (McNally 2013)

Provides a list of cases in which juries have found execution impact evidence as a mitigating circumstance. The list of cases is divided into two groups - those that resulted in a life sentence and those that resulted in a death sentence.

Declaration re Residual Doubt (McNally 2014)

Declaration of Kevin McNally regarding federal juries which have considered or found the existence of lingering or residual doubt as a mitigating circumstance.

Declaration, LWOP as a mitigating circumstance (McNally 2013).pdf

Declaration of Kevin McNally regarding federal juries which have considered or found the existence of lingering or residual doubt as a mitigating circumstance.

Declaration re jailhouse tapes admitted at penalty phase (McNally 2005).pdf

Provides a list of cases in which the defense was permitted to play tapes of jailhouse recordings during the penalty phase.

Declaration re relative culpability (McNally 2007).pdf

Provides a list of two cases in which the death notice was withdrawn due to concerns about relative culpability.