As a capital case mitigation specialist and sentencing advocate, I adhere to the ABA Guidelines for death penalty cases. My role also includes serving as a psychology consultant, where I collaborate with a life history investigator to provide comprehensive insights into each case.
ABA Guidelines require capital mitigation specialists for al
ABA Guidelines Capital Case Mitigation
The ABA Guidelines for death penalty cases, specifically in the 2003 revision, assign lead counsel the responsibility for conducting a thorough investigation relating to both guilt and penalty, even if the client opposes such an investigation (Guideline 10.7). To fulfill this duty, lead counsel must assemble a capital defense team that includes no fewer than two qualified attorneys, a life history investigator, and a capital case mitigation specialist – with at least one team member qualified by training and experience to identify any mental or psychological disorders or impairments (Guidelines 4.1 and 10.4 C). The skills, abilities, and functions outlined in these Supplementary Guidelines must be present throughout the defense team, and the responsibility for developing and presenting mitigation evidence must be integrated into the defense case at all stages of the proceedings. This includes the moment the client is taken into custody and extends through every phase of cases where the jurisdiction may seek the death penalty, encompassing initial and ongoing investigations, pretrial proceedings, trial, appeal, post-conviction review, clemency proceedings, and any related litigation. The duty to investigate, develop, and pursue relevant avenues for the mitigation of the offense or penalty, as well as to effectively communicate the results of those efforts to the decision-makers, is a fundamental responsibility that rests upon defense counsel.
Capital Case Mitigation Requirements
The defense team must conduct an ongoing, exhaustive, and independent investigation of every aspect of the client’s character, history, record, and any circumstances of the offense, or other factors that may provide a basis for a sentence less than death. In accordance with the ABA Guidelines for death penalty cases, the investigation into a client’s life history must survey a broad set of sources and include, but not be limited to: medical history; complete prenatal, pediatric, and adult health information; exposure to harmful substances in utero and in the environment; substance abuse history; mental health history; maltreatment and neglect history; trauma history; educational history; employment and training history; military experience; multi-generational family history, genetic disorders and vulnerabilities, as well as multi-generational patterns of behavior; prior adult and juvenile correctional experience; and religious, gender, sexual orientation, ethnic, racial, cultural, and community influences, along with socio-economic, historical, and political factors.
Team members, including a capital case mitigation specialist, must conduct in-person, face-to-face, one-on-one interviews with the client, the client’s family, and other witnesses who are familiar with the client’s life or family history and who would support a sentence less than death. Multiple interviews will be necessary to establish trust, elicit sensitive information, and conduct a thorough and reliable life-history investigation. Team members must endeavor to establish the rapport with the client and witnesses that will be necessary to provide the client with a defense in accordance with constitutional guarantees relevant to a capital sentencing proceeding.
Additionally, team members must provide counsel with documentary evidence of the investigation through the use of methods such as genealogies, social history reports, chronologies, and reports on relevant subjects, including, but not limited to, cultural, socioeconomic, environmental, racial, and religious issues in the client’s life. The manner in which information is provided to counsel is determined on a case-by-case basis, in consultation with counsel, considering jurisdictional practices, discovery rules, and policies. The role of a life history investigator is crucial in gathering comprehensive insights that can aid as a sentencing advocate in these sensitive cases.
Please Reach Out if You Are in Need of a Mitigation Expert
For inquiries related to the ABA Guidelines for death penalty cases or to consult with a capital case mitigation specialist, please reach out to danielle@justicemitigation.com. Whether you need a life history investigator or a sentencing advocate, we are here to assist you with all aspects of death penalty cases.