20181101 mitigation presentation...
TRANSCRIPT
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