DEATH PENALTY DEATH PENALTY MITIGATIONMITIGATION

AND AND SOCIAL WORKSOCIAL WORK

Social Justice Issues:Social Justice Issues:

Economic discriminationEconomic discrimination

Racial discriminationRacial discrimination

Mandatory sentencing lawsMandatory sentencing laws

Psychosocial/Biopsychosocial Psychosocial/Biopsychosocial Assessment:Assessment:

Evaluate the clientEvaluate the client

Explain human development within a Explain human development within a social contextsocial context

Inform and enhance expert witness Inform and enhance expert witness testimonytestimony

Identifies and explains mitigating factorsIdentifies and explains mitigating factors

Tactics and TechniquesTactics and Techniques

Assist Attorney in the Sentencing Phase Assist Attorney in the Sentencing Phase of the Trialof the Trial Conduct defendant, family and collateral Conduct defendant, family and collateral

interviewsinterviews Interpret/assess school, DHR, Interpret/assess school, DHR,

mental/health and other relevant recordsmental/health and other relevant records Plan/develop the mitigation Plan/develop the mitigation

strategy/defensestrategy/defense Assist attorney in preparing your testimonyAssist attorney in preparing your testimony Develop visual aids for the courtroom Develop visual aids for the courtroom

Tactics and TechniquesTactics and Techniques

Expert Witness TestimonyExpert Witness Testimony Establish your credentials Establish your credentials Identify developmental themes/theoryIdentify developmental themes/theory Application of these themes to the Application of these themes to the

particular caseparticular case Remain objective while going through Remain objective while going through

your assessmentyour assessment Use plain language/speak from the Use plain language/speak from the

heart/authenticallyheart/authentically Identify the mitigating factorsIdentify the mitigating factors

Tactics and TechniquesTactics and Techniques

Expert Witness TestimonyExpert Witness Testimony Prepare yourself for cross-examinationPrepare yourself for cross-examination Whenever possible speak to the juryWhenever possible speak to the jury Know the details of the crimeKnow the details of the crime Always be respectful of the Always be respectful of the

victims/families involvedvictims/families involved

Qualifying/Mitigation QuestionsQualifying/Mitigation Questions What is your degree in?What is your degree in? How many hours of study does this degree How many hours of study does this degree

require?require? What exactly is Social Work?What exactly is Social Work? What is your current position at the University?What is your current position at the University? What kind of classes are you qualified to teach?What kind of classes are you qualified to teach? Is there a body of knowledge in the literature Is there a body of knowledge in the literature

that is most often referenced in this field?that is most often referenced in this field? Briefly give us your work and private practice Briefly give us your work and private practice

experience.experience. Have you testified on behalf of victims of crime?Have you testified on behalf of victims of crime?

Qualifying/Mitigation QuestionsQualifying/Mitigation Questions Have you provided therapy to victims of Have you provided therapy to victims of

crime?crime? What is a psychosocial assessment?What is a psychosocial assessment? How can it be of use in a case like this?How can it be of use in a case like this? Did you complete a psychosocial assessment Did you complete a psychosocial assessment

on the defendant in this case?on the defendant in this case? What steps did you take to complete this What steps did you take to complete this

assessment?assessment? What is developmental theory?What is developmental theory? How can it be of use in this case?How can it be of use in this case? Are there universally accepted, acknowledged Are there universally accepted, acknowledged

experts in the field of developmental theory?experts in the field of developmental theory?

Qualifying/Mitigation QuestionsQualifying/Mitigation Questions Who are the experts?Who are the experts? Are any of these theories applicable to this Are any of these theories applicable to this

case?case? Theoretically, how might these factors you Theoretically, how might these factors you

just described affect the defendant’ s state of just described affect the defendant’ s state of mind and behavior at the time of the offense?mind and behavior at the time of the offense?

Were there other factors that affected the Were there other factors that affected the defendant’s state of mind?defendant’s state of mind?

Did the defendant experience any abuse or Did the defendant experience any abuse or neglect as a child?neglect as a child?

How did those experiences affect the How did those experiences affect the defendant’s development?defendant’s development?

Typically the next set of questions Typically the next set of questions are idiosyncratic to each are idiosyncratic to each

defendant’s own set of mitigating defendant’s own set of mitigating factors. For example if a defendant factors. For example if a defendant

has a substance abuse problem, has a substance abuse problem, questions would be established to questions would be established to describe that problem or if a client describe that problem or if a client

had a disassociative episode.had a disassociative episode.

Can you explain how the Can you explain how the combination of all these factors combination of all these factors (personality deficits, childhood (personality deficits, childhood abuse and mental retardation) abuse and mental retardation)

affected the defendant’s state of affected the defendant’s state of mind and behavior at the time of mind and behavior at the time of

the offense?the offense?

Were you able to identify any Were you able to identify any mitigating factors from your mitigating factors from your

evaluation?evaluation?