Deborah Doyle Belknap, J.D., Ph.D.
Capital Mitigation Specialist
Juvenile Sentencing Advocate

 

 

A mitigation specialist is an essential member of every capital defense team. 

 

Under the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, which have been adopted by the Supreme Court as the professional standard for capital defense work, every capital defendant is entitled to a thorough and independent mitigation investigation conducted by a qualified professional. 

The main purpose of a mitigation investigation is to provide the sentencer with a complete and accurate understanding of the client and the mitigating circumstances  present in that client's life and background.

To meet this challenge, a comprehensive social history must be compiled.  Every factor that helped shape the client's life must be uncovered and analyzed, through records, interviews, and genealogical information. 

A mitigation history takes time to assemble -- years in most cases -- so it is important that the specialist be included in the team as early as possible.
The importance of retaining a mitigation specialist at the very beginning of the case cannot be overstated.  One of the mitigator's most vital functions -- helping to develop and maintain solid relationships with the client, family members, and others significant to the case -- is often the driving force in persuading a client to take a favorable plea, pursue to the most advantageous defense strategy, or disclose information that can ultimately save his or her life.
The mitigation specialist contributes to the defense team long before the penalty phase: preliminary mitigation information can assist in plea negotiations or dissuade the district attorney from seeking the death penalty. 

Mitigation evidence might also raise or solidify a theory of defense, such as insanity or diminished capacity. 

A trained mitigation specialist may recognize developmental, psychiatric or neurological issues and can direct counsel to the necessary experts.