WHEN TO USE MITIGATION

Mitigation reports can be used at the pre-plead, post-plead, and pre-sentence stages, as well as before parole hearings to assess and outline a post-release plan. Early use of a mitigation report will permit the prosecutor to consider, weigh, and possibly investigate the factual issues in the broadest reasonable light. It’s never too early and it’s never too late to get a mitigation report.

CLIENTS WHO MOST BENEFIT FROM MITIGATION

1. Clients who have never been arrested before, are strong community and family members, yet find themselves having committed a serious error in judgment.

2. Clients with mental health problems are good candidates, as the mitigation report contextualizes people’s psychiatric issues within the greater contexts of their lives.

3. A client who suffered early life traumas, such as an impoverished childhood, would also benefit, as the mitigation report can outline the defendant’s fears, sadness, anxieties, loneliness, and uncertainties in early developmental periods of his/her life.

4. Those clients with inter-family dependence or family members who would experience extreme physical, emotional, and financial hardships if the defendant is incarcerated are also good candidates. In such cases it is crucial to note, for example, how a child’s social and educational tracks can be completely derailed by a father’s absence.

5. Clients with poor language or communication skills, poor self-care, or poor decision-making in general would also benefit.

6. Clients who possess a fear of authority are important because they need to speak broadly about their life experiences. It is important to understand that the mitigator’s professional expression can replace the poor self-expression of the client.

7. Finally, lawyers who feel “stuck,” overwhelmed, or at their wits end with a difficult client should consider a mitigation expert for assistance.