Private Investigator & Mitigation Specialist
Amy Wallace on Mitigation Investigations
Attorneys frequently ask me to help them prepare for resolutions in their cases through mitigation investigations. Mitigating circumstances can come into play in most cases like family and civil matters, but in a criminal matter, mitigation investigations become a vital part of a criminal defense.
The dictionary’s very definition of mitigation is, “the action of reducing the severity, seriousness, or painfulness of something.” The “something” in a criminal case is the sentencing of a defendant.
Mitigating information is not an excuse for a criminal act, but can help others to understand how a defendant may have gotten to that point in his or her life. It invites compassion and understanding into the negotiating and sentencing process.
Part of the prosecutor’s job is to highlight aggravating factors of a crime during the sentencing process. Defense attorneys recognize the importance of countering the aggravating factors with mitigating ones.
Most justices also recognize the importance of mitigation work in the penalty phase of a case. In Wiggins v. Smith, former US Supreme Court Justice Sandra Day O’Connor delivered the opinion of the court. In that opinion, O'Connor wrote, “Wiggins sentencing jury heard only one significant mitigating factor - that Wiggins had no prior convictions. Had the jury been able to place petitioner's excruciating life history on the mitigating side of the scale, there is a reasonable probability that at least one juror would have struck a different balance.”
Hiring a private investigator to conduct research on your behalf can help you best prepare for the sentencing phase in your case. Essentially, this can help balance the scales of justice.
My background as a daily newspaper reporter helped me prepare for such investigations. Journalists are trained to answer the questions of “who, what, why, where, when, and how” in the articles they write. The why is what can make the most difference in the sentencing process. I can prepare social history packages that can be presented to a judge and/or prosecutor.
Investigations can include the gathering of various records such as school, work, medical, mental health, etc. It can also include gathering and presenting letters of support from the defendant’s family or members of the community. There are many other ways I can help, but the most important part of the mitigation process, in my opinion, is presenting a thorough social history report for the client.
Primarily, the social history consists of interviews with the client. It often includes photos and visual aids, as well. Information can also come from interviews with family, friends, teachers, clergy, mentors, employers, and others who have important background information on the defendant.
Attorney Christine List of Reis & O’Keefe, PLLC is an incredibly gifted attorney whom I have had the pleasure of working with. Attorney List understands the importance that mitigation can play in the sentencing process.
Here’s what Attorney List had to say about my work: “Her mitigation and social history work are routinely applauded and requested by Judges throughout the State. I am confident that Amy has saved my clients years of incarceration in contested sentencing hearings and negotiations.”
I’m extremely passionate about mitigation investigations because I know this work is effective and so very important. Please reach out to me to see how I can help with your case.
Please click on the link below to see my 140 suggested mitigating factors for you to argue at your sentencing hearing.
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