Waive Your Life Away

A column on FindLaw today tackles an interesting question: can a defendant in a death penalty case waive his right to present mitigating evidence? Normally in the penalty phase of a death case the defendant puts on evidence about his life and background as mitigation for his offense - in essence the "I've had a shitty life so please don't end it" defense. In a recent New York case, the defendant declined to put on such evidence, mainly because of the strain it would put on his family. The columnist lays out arguments on both sides of the issue of whether such a waiver should be allowed.