Closing the Loop: The Power of Storytelling and Non-Capital Mitigation

• In Event: Data In Indigent Defense: Social Work Innovations In Holistic Indigent Defense

Abstract

As we move closer and closer to abolishing the death penalty, many public defender offices have adopted a new model of defense called the holistic defense model. Holistic defense recognizes that if we address a client’s needs beyond what is heard in a courtroom, defense teams have greater outcomes, while the client benefits in the long term from the support provided throughout the criminal process. As part of the holistic defense practice, non-capital mitigation has risen in popularity. Non-capital mitigation is essential because not only does it change lives, it saves lives. When it comes to the use of mitigation in negotiations and sentencing, it allows a defendant a reason for hope and change. When using mitigation to advocate for shorter sentences or reconsiderations, a defendant often sees the possibility of a second chance, and with the help of a good defense team, a plan and support to not squander that chance. The non-capital mitigation specialist works in tandem with the client to advocate for more just outcomes. Currently, there is no published empirical data regarding non-capital mitigation. As a social worker, one of our guiding principles is the person-in-environment perspective which highlights the importance of understanding an individual and individual behavior in light of the environmental contexts in which that person lives and acts. Social workers are often a natural fit for this role because our background and training aligns us with what drives quality mitigation. Social workers can spearhead research and development of evidence-based models and standards for non-capital mitigation. It is time to reframe only using mitigation on our most complex cases and start embracing it as a way to practice more client-centered criminal defense. Non-capital mitigation specialists have a range of skills and solutions that can be used to advocate for almost any criminal case successfully.

Author

• Lindsay Bendell, Mitigation Mentor