They're supposed to balance that against his mitigating factor which is that Moussaoui may be nuts.

NPR: Slate's Jurisprudence: Moussaoui's Insanity Defense

The principal mitigating factor is that year-over-year increases lately have been from year-ago levels that were significantly negative.

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Another mitigating factor is that trade within the Asian region has been growing even faster than exports to America.

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As a mitigating factor, however, this may not stand up in court.

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This is the penalty phase, and so it's being raised by the defense, not as a sort of a legal test, it's being raised as a mitigating factor.

NPR: Slate's Jurisprudence: Moussaoui's Insanity Defense

Whistleblower experts say any marketing benefit to the U.S. Postal Service is relevant only as a mitigating factor in the damages that might be awarded to the government.

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The NAC noted that the statements in the press release were accurate and concluded that, in any event, publication of the information in the press release was not a mitigating factor for purposes of sanctions.

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One factor mitigating this trend is that in developing nations people live healthier, longer lives and therefore can work much longer, increasing their lifetime economic contributions.

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"Jurors might have found that something was true, but found that it was not mitigating, so you have to factor that in as well, " Zerkin told reporters.

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On the mitigating factors, only a single juror had to find a factor was proved for it to be considered in determining the sentence, Adams said.

CNN: Moussaoui jury split on mitigating factors