MITIGATIONIN A FEDERAL CRIMINAL CASE

TOWARD A MORE EXPANSIVE VIEW

Alecia Boss, Mitigation Specialist Wesley Burns, Investigator Brendan Wells, InvestigatorFPD – Southern Illinois FPD – Southern Illinois FPD – Eastern Missouri

MITIGATION:

o the when

o the what

o the who

the when

SOONER, RATHER THAN LATER

MITIGATION CAN TELL YOUR CLIENT’S STORY (OR THE REST OF IT)… TO:

Defense Atty & Investigator

Prosecutor

Pretrial

Experts

Probation

Judge

client’sinnocence;

weakness orinfirmity ingovt’s case

challenge(s)to client’scriminalhistory

“mitigation”

“mitigation”

“mitigation”

“mitigation”

THINGS WHICH MAY HELP MINIMIZE THE PENAL CONSEQUENCESOF YOUR CLIENT’S PRESENT ENTANGLEMENT IN THE CRIMINAL JUSTICE SYSTEM

mitigate: v.t., to make less severe, serious, or painful

DEGREES OF MINIMIZATION

OF THE PENAL CONSEQUENCEOF YOUR CLIENT’S PRESENT ENTANGLEMENT IN THECRIMINAL JUSTICE SYSTEM

NOTE: “MITIGATION” CAN ACHIEVE ANY OF THESE LEVELS*

* if done early enough

Mitigation information can help with

detention hearing

charge negotiation

plea negotiation

sentence

designation

the what

THE NUTS & BOLTSOF MITIGATIONWORK

PAST / +MIL. HONORS/DECORATIONS;

PUBLIC SERVICE; AWARDS & ACCOMPLISHMENTS;

ETC.

FUTURE / +GOALS; AMBITIONS;

DEMONSTRABLE CAREER PROMISE;

ONGOING SUCCESS IN TREATMENT; ETC.

PAST / -MEDICAL, INTELLECTUAL, MENTAL

HEALTH CHALLENGES; PHYSICAL OR EMOTIONAL ABUSE;

SOCIOECONOMIC DISADVANTAGE; ETC.

FUTURE / -SPECIFIC TREATMENT PLAN (AVAILABLE ON OUTSIDE);INABILITY OF THE BOP TO

TREAT OR KEEP SAFE;MINOR, ELDERLY, OR

DISABLED DEPENDENTS; ETC.

TIME

STEP 1: PSYCHOSOCIAL ASSESSMENT

IDENTIFYING INFORMATION

PRESENTING PROBLEM

SYMPTOMS

VICTIMIZATION

EMPLOYMENT

PSYCHOSOCIAL HISTORY

ALCOHOL/DRUG ASSESSMENT

SAFETY CONCERNS

FAMILY MENTAL HEALTH HISTORY

MENTAL HEALTH RISK ASSESSMENT

RELATIONSHIP STATUS

FAMILY COMPOSITION

HEALTH HISTORY / MEDICATIONS

HISTORY OF ABUSE / VIOLENCE

STRENGTHS/RESOURCES/SUPPORTS

CURRENT NEEDS

SUICIDAL IDEATIONS ASSESSMENT

HOMICIDAL IDEATIONS ASSESSMENT

STEP 2: RECORDS

drug/alcohol treatment records

mental health treatment records

physical health records

education records

military records

therapy records

After assessment………….. get records.

Typical record request includes: fax cover, letter requesting records, appropriate and signed release forms, and document reflecting appointment as counsel.

STEP 3: REVIEWING RECORDS

focus on:

DIAGNOSES MEDICATION TREATMENT PLANS

the who

GETTING THERIGHT PERSONFOR THE JOB

Pro Tip: It’s not you.Not likely, anyway.

under-utilization of external expert resources

source: Defender Services Office of the Administrative Office of the U.S. Courts

training, skill set & temperament

SO WHO IS THE RIGHT PERSON FOR THE JOB?

trainingcounts for something

• skill setcounts for a lot

• temperamentcounts for everything

(Professionalism and work ethicmatter, too.)

what you’re looking for

THE SKILL SET AND QUALITIES OF TEMPERAMENT WHICH MATTER MOST

flexibility, versatility, openness, egalitarianismS/HE IS AT EASE ANYWHERE, WITH ANYONE – AND ABLE TO PUT THAT PERSON AT EASE

communication skillsS/HE IS ABLE TO EXPRESS THOUGHTS CLEARLY – ORALLY AND IN WRITING

professionalism, conscientiousness S/HE HAS A SOLID WORK ETHIC, PUNCTUALITY, AND HIGH STANDARDS

diversity of life (not necessary professional) experience, natural curiosityS/HE HAS BEEN AROUND, HAS SEEN A LOT, AND HAS A WIDELY INQUISITIVE BENT

humanity, compassionS/HE RECOGNIZES THAT EVERY PERSON HAS WORTH, HAS POTENTIAL, HAS STORIES TO TELL, ANDDESERVES FOR THOSE STORIES TO BE HEARD. S/HE CARES WHAT HAPPENS TO YOUR CLIENT.

AUXILIARY EXPERTS* USEDBY CJA ATTORNEYS IN EDMO AND SDIL

the current mélange who CJA attorneys are currently using or have used of late

a new visiongrowing the expert listimplementing a system for sharing experts and resources

* investigators, mitigation specialists, sentencing advocates, etc.

WHEN MITIGATION WORKS