What is mitigation?
Mitigation is also referred to as “mitigating factors” or “mitigating evidence”. In a capital trial, it is evidence the defense can present in the sentencing phase to provide reasons why the defendant should not receive a death sentence. Mitigating factors may include, among other things, formative and traumatic experiences or other significant factors that might have affected the defendant’s physical, social, emotional and psychological development which may make him less responsible for his criminal actions. Mitigating evidence demonstrates a disability, condition, or set of life experiences that inspire compassion, empathy, mercy and understanding. A jury may consider any mitigating evidence it finds relevant.
**We are a Justice Administrative Commission (JAC) Due Process Vendor**
Is mitigation helpful in non-capital or civil cases?
Yes! 2010 started to bring us Juvenile re-sentencing in cases. It was ruled unconstitutional for juveniles to be sentenced to life or the equivalent of life. These cases are being handled in Florida very similarly to capital cases. Juvenile re-sentencing cases are set up to handle mitigation procedures that mimic ABA capital guidelines.
The same skill set and similar procedures, although not usually as comprehensive, are utilized in investigating other non-capital criminal cases as well (such as assault, drug offenses and child molestation) and civil cases (such as personal injury, wrongful death, domestic relations and custody disputes).
Mitigation Services we provide:
904-219-1673 or AllayToday@aol.com
Class A License #A1300103 Class C License #C1300181
Mitigation is also referred to as “mitigating factors” or “mitigating evidence”. In a capital trial, it is evidence the defense can present in the sentencing phase to provide reasons why the defendant should not receive a death sentence. Mitigating factors may include, among other things, formative and traumatic experiences or other significant factors that might have affected the defendant’s physical, social, emotional and psychological development which may make him less responsible for his criminal actions. Mitigating evidence demonstrates a disability, condition, or set of life experiences that inspire compassion, empathy, mercy and understanding. A jury may consider any mitigating evidence it finds relevant.
**We are a Justice Administrative Commission (JAC) Due Process Vendor**
Is mitigation helpful in non-capital or civil cases?
Yes! 2010 started to bring us Juvenile re-sentencing in cases. It was ruled unconstitutional for juveniles to be sentenced to life or the equivalent of life. These cases are being handled in Florida very similarly to capital cases. Juvenile re-sentencing cases are set up to handle mitigation procedures that mimic ABA capital guidelines.
The same skill set and similar procedures, although not usually as comprehensive, are utilized in investigating other non-capital criminal cases as well (such as assault, drug offenses and child molestation) and civil cases (such as personal injury, wrongful death, domestic relations and custody disputes).
Mitigation Services we provide:
- Build a relationship with the defendant.
- Conduct a thorough investigation into the bio/psycho/social history of the defendant to identify potential mitigating factors, as well as create the personal story of and “humanize” the defendant.
- Identify and interview all lay witnesses, the family members, peers, co-workers, teachers, clergy and other social contacts of the defendant.
- Identify the need for experts’ support in psychological and mental health evaluations and provide resources in substance abuse and social service programs.
- Highlight implications of abuse, neglect or disability to support arguments and assist in finding appropriate experts to support the defense argument.
- Provide detailed, important, forensic documentary evidence and produce reports that support information for mitigation arguments.
- Prepare a well-documented and supportive mitigation study report that strategically addresses the key mitigating factors for judges and juries to consider.
- Testify in a professional capacity in support of the mitigating evidence in the sentencing portion of a trial.
904-219-1673 or AllayToday@aol.com
Class A License #A1300103 Class C License #C1300181