Mitigating evidence is evidence

Evidence

Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...

 that is provided (usually by the defendant in a criminal trial) in order to try to establish the presence of mitigating circumstances. The presence of mitigating circumstances can reduce the punishment imposed for the offense. The case of Oregon v. Guzek

Oregon v. Guzek

Oregon v. Guzek, 546 U.S. 517 , was a decision by the Supreme Court of the United States, which ruled that the Eighth Amendment to the United States Constitution does not grant criminal defendants facing the death penalty the right to introduce new evidence of their innocence during sentencing that...

dealt with the issue of whether alibi

Alibi

Alibi is a 1929 American crime film directed by Roland West. The screenplay was written by West and C. Gardner Sullivan, who adapted the 1927 Broadway stage play, Nightstick, written by Elaine Sterne Carrington, J.C...

evidence not introduced at trial could be introduced in the sentencing phase of a death penalty trial as mitigating evidence.