A mitigation specialist is a crucial part of a legal defense team, providing analysis, investigative information, and expert testimony during capital cases. They use investigative and research skills to create a profile of the defendant and prepare recommendations for the jury or judge during trial and sentencing. Failure to provide these services may result in a violation of the defendant’s rights under the Sixth Amendment.
The mitigation specialist plays a crucial role for the legal defense team, especially during capital cases. During legal proceedings, he will provide defense attorneys with professional analysis related to the case, investigative information that impacts the case, key evidence and experts to testify on the mitigating circumstances presented in the case. Providing supporting evidence and a detailed, documented history of the defendant, he or she is responsible for preparing and presenting this information during the trial and during the sentencing phase.
Working with the defense team to develop a comprehensive defense during the trial, a mitigation specialist will seek to uncover as much information as possible about the defendant’s background. Objectively, he or she seeks to use the discovered information to inform the jury and make recommendations to the court during the sentencing phase. Interviewing and investigative skills are crucial for the job. A mitigation specialist will spend a great deal of their time tracking down family members, professionals, and all other individuals associated with the defendant, as well as conducting extensive interviews with the individuals to create a profile of the defendant.
While the backgrounds of mitigation specialists vary, most hold a four-year degree in criminal justice, psychology, social work, sociology, journalism, or anthropology. Important to the position are strong investigative, research and analytical skills. During the course of performing the tasks required for the job, a mitigation specialist will track and record details about the defendant’s physical condition, mental health, social environment, family upbringing, educational background, economic circumstances, employment history and any dependency. From this information, the mitigation specialist will prepare recommendations for the jury or judge during trial and sentencing.
At trial, the mitigation specialist usually brings expert witnesses to scientifically or medically corroborate the information discovered during the investigative process. Independence is an essential part of this position. Since lawyers often lack the time and expertise to oversee the process, they rely on final reports submitted when preparing for court. As such, a mitigation specialist needs to prove their competence at all stages of the job before the defense team will make a bid.
Mitigating investigations are considered an integral part of providing competent counsel to the accused during the trial. Failure to effectively provide these services may result in a violation of the defendant’s rights under the Sixth Amendment to the United States Constitution, as reiterated by the United States Supreme Court in several cases investigated between the years 2000 and 2005, including Wiggins vs. Smith in 2003. Taking extenuating circumstances into account and examining them thoroughly, for example, often means the difference between the death penalty or a commission to a mental hospital for serious mental illness, which would likely be the reason behind the defendant who committed the crime. Therefore, a mitigation specialist has a vested interest in discharging his duties faithfully and effectively, answering to the attorney he works for, who in turn may lose his license to practice law if found to be providing incompetent advice.
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