Mitigation at Sentencing Sort of
SENTENCING THEORY
• Summarizes the factual, emotional and legal reasons why the court should impose the sentence you want
• Tells your client’s story of mitigation, rehabilitation, or reduced culpability, and it resolves problems and questions the judge may have about imposing the sentence you want
What to Know
• Know Your Audience• Know the Law• Know the Statistics• Know Your Case• Know the Experts• Know Methods of Presentation• Case Studies
Prosecutor
• Mandatory Minimums• Personality/Persuasive
• Ask them what they want to know/hear• Let them talk to people directly
• Judge
Know the Statistics
• Sentencing Commission Website • www.ussc.gov
• FD.org• DOJ Research• Other Research
Know Your Case (Client Interview)
• Medical • Mental Health• Substance Abuse• Education• Family• Employment• Good Works• Goals
Experts (Mental Health)
• Diagnosis (PhD vs. MD vs. Neuro)• Mitigation (effect on culpability, etc.)• Treatment Provider• Prognosis• Risk to Reoffend
Experts (others)
• Crime Scene / Forensic• Actuarial • Residential Facility• Social Worker• Teacher• Medical Examiner
Know Methods of Presentation
• Live Witnesses• Video• Photos• Letters/Reports• Sentencing Memorandum
Live Witnesses
• Client• Public speaking• Cross examination• Know his/her stuff
• Expert• Answer Judge’s Questions• Prosecutor Cross• Fill in for Client
• Others• The good, the bad, the ugly
D.S.
• Release at Detention Hearing (Gov. Appeal)• Expert – declined to disclose• Prosecutor & Judge• Community Service / Work (video)
D.H.
• Release at Detention (CP)• Mandatory Minimum (Prosecutor & Judge)• Psychologist (Prosecutor Meeting / Testimony at Sentencing)• Treatment Provider• Residential Facility• Experts Speak FOR Client
J.B.
• Release at Detention• Mandatory Min (Prosecutor – not Judge)• Experts (Psychologist / Treatment Provider)• Client involved in meeting w/ Prosecutor & Agent• Janis Joplin meets Steve Mandracchia
L.T.
• Release at Detention Hearing• Experts (Psychologist & Treatment Provider)• Mandatory Minimum (Prosecutor)• Meeting w/ Experts
D.B.
• In Custody• Mandatory Minimum? (Judge)• Expert (Psychiatrist – Drug Trmt Provider)• Sentencing Memorandum
• G.L. issues• Preview of expert
F.W.
• No Mandatory Minimum (Judge)• Expert (Family Members / Testify)• Sentencing Memorandum
• Sentencing Statistics• Preview Expert