The trial courts must issue written opinions whenever the death penalty is imposed. This Note will analyze opinions handed down since the enactment of the capital statute to ascertain whether the various mitigating factors adequately meet the concerns of Lockett. Part II contains a brief overview of Ohio's capital plan. The scope and interpretation of the mitigating factors should dominate future appellate decisions; thus, in Part III, four mitigating factors will be examined. In Part IV the treatment of the mitigating factors in the weighing process will be explored. The examination of the mitigating factors in the capital statute is relevant to the determination of whether mitigating the death penalty in Ohio will be a fact or an elusive fiction.

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