FAQ

Mitigation is a complex, multi-pronged approach to preparing for sentencing for a defendant's crime with the goal of reducing or lessening the effects of aggravating factors. Mitigation is the story-telling part of representing the criminal defendant.

Works as a member of the defense team to develop mitigation strategy and identify a lawful disposition and plan for the client's rehabilitation, reentry, and reintegration to the community with recommendations supported by sociological research and community resources.

  • Give you a social history investigation:  Conduct a detailed investigation of each stage of the client’s life, including the social, family and medical history, in order to uncover possible mitigating factors, identify possible witnesses to support mitigation and assist the defense team in preparing the case.
  • Prepare a sentencing or mitigation report.  This will give the judicial officer an alternative to what the prosecution may ask the judge to do. It will explain how the important factors in the client’s life up to this point have contributed to the offense's behavior. It will address the defendant’s potential treatment or other needs and suggest ways in which these might be incorporated into a sentence that solves the problem that the crime represents for both society and the defendant. In contrast to a presentence investigation report, it will be client-based, not crime-based. It will present a complete human being to the court.
  • Illustrate the defendant’s view of things By learning the client’s own view of his or her life, how the client sees the world and how the client wishes to be portrayed to the court, the specialist can tell the complete story to the court.
  • Make referrals:  Pre-screen the defendant to identify mental health, substance abuse or other factors that may require expert evaluation. Recommend appropriate experts. Make referrals and set up appointments for the client to meet the expert. Submit the background information to the expert. Be knowledgeable about referral resources and community-based programs for the client, such as drug or alcohol treatment, mental health treatment, financial assistance, housing, or child care.
  • Brainstorm cases:  As part of the defense team, the mitigation specialist can present ideas from the perspective of a person who is not a lawyer but who understands what lawyers need to do and want to do for the client.
  • Be a liaison: Act as a liaison between the lawyer and the defendant. The mitigation specialist may make appointments with consultants. He or she should explain to the client what the client should expect when meeting with the consultants or when carrying out treatment or other plans while the case is pending. Act as a liaison between the client and the probation office, even attending pre-sentence investigation interviews. Act as a liaison between the lawyer and the defendant’s family. Act as a liaison between the defendant and the defendant’s family. Contact victims when possible. The specialist will be sensitive to the victim’s concerns.

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