y
|
A mitigation investigation is an examination of the defendant’s life beginning as early as conception. The investigation is carried on through their infancy, childhood, adolescent, teen and adult years. The main goal in gathering this information is to assist the jury in viewing the defendant as a person, not as a criminal. Dr. Lee Norton, an expert in trauma mitigation, explains the relationship between a person’s life history and mitigation as, “Mitigation evidence pertains to the offender’s life and personal attributes, including the milieu in which he or she was raised and the effects of this environment, his or her abilities and/or contributions to society, and the nature and extent of any limitations and/or impairments from which he may suffer.” Why did this happen?The core of the mitigation investigation is the ability to explain, “Why did this happen.” The mitigation information is not a justification of criminal actions. It is merely a possible explanation. |
This type of an investigation is conducted by a Capital Mitigation Specialist (also known as a Capital Mitigation Investigator) who has been appointed to research the truth and to assist the defense team in presenting the mitigating evidence.
Conducting a mitigation investigation is a time consuming process. In order to establish a trusting relationship with the client and his/her family members, it requires aggressive and continuous work for at least the first four or five months. Time is also needed to request, gather and review factual information regarding any and all medical, educational, mental health, military, judicial, incarceration, and vital records concerning the defendant and his/her family. The more time the specialist is allowed the better and stronger the outcome of the investigation.
Once the mitigating evidence has been obtained, it is then presented to the jury and court in an organized, rational, and articulate fashion. The content exposed from the mitigation investigation is intended to provoke an empathetic view point from each member of the jury.
As a defense attorney, keep in mind that it is never too early to appoint a mitigation specialist to conduct a mitigation and social history investigation. The more time the specialist spends on the case, the more time it saves for the attorney.
This is a brief overview of a mitigation investigation. Please feel free to contact us if you have additional questions.
