Mitigating factor (United States)
Each state has its own death penalty law.  Each law gives a list of capital crimes in the state; aggravating factors that can make person more likely to get the death penalty; and specific mitigating factors.  However, the mitigating factors listed in each state law are only examples of possible mitigating factors.  Even if a state does not list a certain thing as a mitigating factor, a defendant can still bring up that factor in court.