The mitigation specialist is an important member of the legal defense team, especially in capital cases. He or she will provide defense attorneys with professional analysis of the case, investigative information that affects the case, key evidence, and experts to testify regarding mitigating circumstances presented in the case throughout the legal proceedings. He or she is responsible for the preparation and presentation of this information during trial and during the sentencing phase, providing both supportive evidence and a detailed, documented history of the defendant.
A mitigation specialist will work with the defense team to develop a comprehensive defense during trial, attempting to uncover as much background information as possible about the defendant’s background. He or she is attempting to use the information uncovered objectively to inform the jury and make recommendations to the court during the sentencing phase. The ability to conduct interviews and conduct investigations is essential for the job. A mitigation specialist will devote a significant amount of time to locating family members, professionals, and other people who are connected to the defendant, as well as conducting extensive interviews with them in order to develop a profile of the defendant.
Mitigation specialists have a variety of backgrounds, but the majority have a four-year degree in criminal justice, psychology, social work, sociology, journalism, or anthropology. Investigative, research, and analytical skills are essential for this position. A mitigation specialist will track down and record details about the defendant’s physical condition, mental health, social environment, family upbringing, educational background, economic circumstances, employment background, and any addiction issues while performing the duties of the job. The mitigation specialist will then prepare recommendations for the jury or the judge during trial and sentencing based on this information.
Expert witnesses are frequently called the mitigation specialist at trial to scientifically or medically corroborate the information uncovered during the investigation. This position necessitates independence. Attorneys rely on the final reports submitted when preparing for court because they often lack both the time and expertise to supervise the process. As a result, before the defense team will extend an offer, a mitigation specialist must demonstrate competence in all aspects of the job.
Mitigation investigations are an important part of providing competent counsel to a defendant during trial. Failure to provide such services effectively can result in a violation of the defendant’s rights under the United States Constitution’s Sixth Amendment, as the United States Supreme Court stated in a number of cases between 2000 and 2005, including Wiggins vs. Smith in 2003. Taking into account and thoroughly examining mitigating circumstances, for example, can mean the difference between the death penalty and a sentence to a psychiatric facility due to a severe mental illness, which is most likely the reason for the defendant’s crime. As a result, a mitigation specialist has a lot riding on his or her ability to carry out his or her responsibilities faithfully and effectively, as he or she is accountable to the attorney for whom he or she works, who may lose his or her license to practice law if found to be providing incompetent counsel.