MITIGATION INVESTIGATIONS

The dictionary defines Mitigation as, "The act of mitigating something or the state of being mitigated : the process or result of making something less severe, dangerous, painful, harsh, or damaging."

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. Where as the prosecution talks about the crime and the victim, a mitigation report talks about the story of the defendant as a human being and person before the crime, after the crime, and in the future. It is also helpful during an Immigration Deportation Hearings, and Franklin Hearings.

The process of mitigation in criminal defense involves a thorough exploration and examination of a defendant's life story to uncover any potential factors that might have contributed to their criminal behavior. It's important to understand that mitigation does not seek to excuse the defendant's behavior but rather aims to provide a comprehensive view of the individual, ensuring that the judgment considers the person as a whole, beyond just the criminal act. This exploration is not merely an act of gathering historical data; it is a detailed examination with the goal of understanding the complex web of socio-economic, psychological, and environmental factors that have influenced the defendant's actions. Family dynamics and background are crucial elements in this narrative. 

By uncovering these factors, mitigation specialists aim to present the defendant in a more humanized light, emphasizing how their actions may have been shaped by a complex interplay of personal challenges and environmental influences. The role of mitigation goes beyond merely presenting mitigating factors to the court; it involves crafting a coherent narrative that connects the defendant's personal history with their criminal behavior. By doing so, mitigation specialists aim to provide the court with a deeper understanding of the individual and how they have matured, learned from, and have grown from their past experiences which can be pivotal in the sentencing phase. This is particularly crucial in capital cases, where the difference between a death sentence and life imprisonment can hinge on the effectiveness of the mitigation strategy. 

Here are some common mitigating circumstances:

Minor Role

The defendant played a relatively minor role in the crime. For example, suppose Cessy received $20 for knowingly driving a co-defendant to a location where he made a drug deal. At sentencing for her conviction for transporting methamphetamine, Cessy has a good argument that her small role in the criminal activity is a mitigating circumstance.

Victim Culpability

The victim willingly participated in the crime or initiated the events leading to it. If Joe started a fight by attacking Todd, and Todd responded with more force than was necessary to defend himself, this factor would come into play at Todd's assault-and-battery sentencing. 

Unusual Circumstance

The defendant committed the crime because of temporary emotional difficulty or significant provocation. This circumstance applies when a defendant acts out while under extreme stress. For example, suppose that John, in anguish over the recent death of his girlfriend, stole some beer from a liquor store so he could get drunk.

No Harm

The defendant didn’t hurt anyone and committed the crime in a manner unlikely to cause harm. The no-harm circumstance would be relevant if Jose carjacked a driver by sternly ordering her out of her car, but carefully and gently helped her out of it.

Lack of Criminal History

The defendant doesn’t have a criminal record, or only has a relatively minor record.

Relative Necessity

The defendant acted out of a desire to provide life necessities. This circumstance would be relevant for someone who stole a rotisserie chicken from the grocery store so that he could feed his starving family.

Remorse

The defendant accepted responsibility and showed remorse. A defendant who confesses upon arrest and is contrite in court has this factor in his favor.

Difficult Family / Personal history

 The defendant’s unique upbringing or family circumstances led to her criminal conduct. For example, a lawyer might try to persuade a sentencing judge that the client’s violent acts are attributable to abuse she suffered as a child. Or that He joined a gang because of a lack of family and a positive male role model.

Addiction

Drug or alcohol addiction contributed to—but wasn’t just an incentive or excuse to commit the crime. Addiction would be a mitigating factor for Roberto's theft conviction if he had showed a concerted effort at rehabilitation, but relapsed into drug use and stole some copper wire while high.

Medical or Mental History

Other Circumstance Not Listed

Avery & Associates can help with mitigation by gathering and reviewing records, interviewing family members, friends and other character witnesses, and putting together a comprehensive report for the prosecutor and/or judge. Mitigation is a way to humanize a defendant to the jury by crafting a narrative that puts their alleged offense in context with their life, especially at the time of the offense. 

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