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 VOLUME 11 - CHAPTER 256
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256.8 Old Age As A Defense Theory

    256.8.1 Old Age As Defense Theory: Research Note

FORECITE National™
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 VOLUME 11 - CHAPTER 256

PRACTICE NOTE: Advanced age has been recognized as a basis for mitigating criminal culpability in capital cases. (See FORECITE National™ 303.7.7 [Advanced Age As Mitigation].) The same rationale should apply to mental state elements of a noncapital defense; see also generally Cohen, "Old Age As a Criminal Defense" (1984) 21 Crim.Law Bull. 5; James, "The Sentencing Of Elderly Criminals," 29 Am. Crim. L. Rev. 1025 (1992).)