Mitigation Evaluation: Preparation for a Death Penalty Trial
نویسنده
چکیده
The purpose of this article is to begin to sociologically define a legal standard for the courts of mitigating factors that should influence the sentence of death. The article also describes a method of inquiry that makes this definition reasonable. The material presented is intended to serve as a guide for the investigation of mitigating circumstances for the sentencing phase of a death penalty trial. This paper outlines a method of historical investigation that has proven effective in development of evidence at the sentencing phase of the trial. It is useful both as a foundation for expert sociological testimony, as well as providing a firm foundation for experts in other disciplines. Mitigation Investigation I worked for a group of attorneys who specialized in death penalty appeals, and it was my task to provide what they termed "The mitigation." For me, a sociologist, the product was an in-depth case study of their client which began as far back as I could obtain data and incorporated as much information as I could gather about that individual and his family. The focus of my work is the violence experienced by the client in the course of his life, not that which he was convicted of committing. Subsequent sociological expert testimony is available, but the main thrust of the effort is simply the collection of data utilizing sociological methodology.
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