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Mitigation What You Need to Know-Even Though You Are Tired of Hearing It!


1. Mitigation is only necessary in a death penalty case.

2. Mitigation is also known as the "Abuse Excuse".

3. Mitigation is only important in the penalty phase of a capital trial.

4. ANYONE can work as a mitigation specialist/investigator.

5. Who cares?

6. No one can say anything about this client that will offset a guilty verdict.

7. The jury doesn't care about mitigation.

8. The Judge doesn't care about mitigation.

9. The victim's family doesn't want to hear this.

10. It is not important for a mitigation specialist to understand the facts of the case.

11. It is not important for a mitigation specialist to review the discovery in teh case.

12. So your childhood was rough, so was mine, so what?

13. Race and sex should determine who I hire to conduct the mitigation investigation.

14. Witnesses or either mitigation or fact never both.

15. My client confessed--mitigate that!!!

It is truly okay to admit you don't care and don't want to hear anything else about mitigation. Every seminar you attend, every publication you read, the ABA Guidelines mention mitigation and force a mitigation specialist on you as a part of your team--it's everywhere! You are lectured about it, sent articles to read about it, in fact, ADMIT IT, you look at the itinerary for a training seminar come to the mitigation section and think--again??? Maybe I can skip it and not will know....

I am inspired to blog on this and other issues regarding investigation, mitigation and trial consulting, because for the duration of my career I have been watching my career become more and more confusing to others, attended seminars and listened to presenters talk about mitigation, I have wondered if we even do the same job.......

Check back and explore with me.

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