DEATH PENALTY MITIGATION AND SOCIAL WORK

Social Justice Issues: Economic discrimination Economic discrimination Racial discrimination Racial discrimination Mandatory sentencing laws Mandatory sentencing laws

Psychosocial/Biopsychosocial Assessment: Evaluate the client Evaluate the client Explain human development within a social context Explain human development within a social context Inform and enhance expert witness testimony Inform and enhance expert witness testimony Identifies and explains mitigating factors Identifies and explains mitigating factors

Tactics and Techniques Assist Attorney in the Sentencing Phase of the Trial Assist Attorney in the Sentencing Phase of the Trial  Conduct defendant, family and collateral interviews  Interpret/assess school, DHR, mental/health and other relevant records  Plan/develop the mitigation strategy/defense  Assist attorney in preparing your testimony  Develop visual aids for the courtroom

Tactics and Techniques Expert Witness Testimony Expert Witness Testimony  Establish your credentials  Identify developmental themes/theory  Application of these themes to the particular case  Remain objective while going through your assessment  Use plain language/speak from the heart/authentically  Identify the mitigating factors

Tactics and Techniques Expert Witness Testimony Expert Witness Testimony  Prepare yourself for cross-examination  Whenever possible speak to the jury  Know the details of the crime  Always be respectful of the victims/families involved

Qualifying/Mitigation Questions What is your degree in? What is your degree in? How many hours of study does this degree require? How many hours of study does this degree require? What exactly is Social Work? What exactly is Social Work? What is your current position at the University? What is your current position at the University? What kind of classes are you qualified to teach? What kind of classes are you qualified to teach? Is there a body of knowledge in the literature that is most often referenced in this field? Is there a body of knowledge in the literature that is most often referenced in this field? Briefly give us your work and private practice experience. Briefly give us your work and private practice experience. Have you testified on behalf of victims of crime? Have you testified on behalf of victims of crime?

Qualifying/Mitigation Questions Have you provided therapy to victims of crime? Have you provided therapy to victims of crime? What is a psychosocial assessment? What is a psychosocial assessment? How can it be of use in a case like this? How can it be of use in a case like this? Did you complete a psychosocial assessment on the defendant in this case? Did you complete a psychosocial assessment on the defendant in this case? What steps did you take to complete this assessment? What steps did you take to complete this assessment? What is developmental theory? What is developmental theory? How can it be of use in this case? How can it be of use in this case? Are there universally accepted, acknowledged experts in the field of developmental theory? Are there universally accepted, acknowledged experts in the field of developmental theory?

Qualifying/Mitigation Questions Who are the experts? Who are the experts? Are any of these theories applicable to this case? Are any of these theories applicable to this case? Theoretically, how might these factors you just described affect the defendant’ s state of mind and behavior at the time of the offense? Theoretically, how might these factors you just described affect the defendant’ s state of mind and behavior at the time of the offense? Were there other factors that affected the defendant’s state of mind? Were there other factors that affected the defendant’s state of mind? Did the defendant experience any abuse or neglect as a child? Did the defendant experience any abuse or neglect as a child? How did those experiences affect the defendant’s development? How did those experiences affect the defendant’s development?

Typically the next set of questions are idiosyncratic to each defendant’s own set of mitigating factors. For example if a defendant has a substance abuse problem, questions would be established to describe that problem or if a client had a disassociative episode.

Can you explain how the combination of all these factors (personality deficits, childhood abuse and mental retardation) affected the defendant’s state of mind and behavior at the time of the offense?

Were you able to identify any mitigating factors from your evaluation?