Mitigation

Alleviation; abatement or diminution of a penalty or punishment imposed by law. "Mitigating circumstances" are such as do not constitute a justification or excuse of the offense in question, but which, in fairness and mercy, may be considered as extenuating or reducing the degree of moral culpability. See Heaton v. Wright, 10 How. Prae. (N. Y.) 82; Wandell v. Edwards, 25 Hun (N. Y.) 500; Hess v. New York Press Co., 26 App. Div. 73, 49 N. Y. Supp. 894.

— Mitigation of damages. A reduction of the amount of damages, not by proof of facts which are a bar to a part of the plaintiffs cause of action, or a justification, nor yet of facts which constifute a cause of action in favor of the defendant, but rather facts which show that the plaintiff's conceded cause of action does not entitle him to so large an amount as the showing on his side would otherwise justify the jury in allowing him. 1 Suth. Dam. 226.