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May 2, 2017

"Tell the Client's Story: Mitigation in Criminal and Death Penalty Cases"

263155631_Def_LThe title of this post is the title of this notable new collection of essays edited by Edward Monahan and James Clark and produced by ABA Book Publishing.  Here is a description from the ABA website:

Tell the Client's Story provides litigation teams the best strategies for effective mitigation work in criminal and capital cases.  Top mitigation experts from across the nation with demonstrated practice wisdom will help readers to successfully litigate complex criminal cases.  The book also utilizes significant legal, social science, and behavioral science research findings that will inform practitioners on multi-disciplinary approaches to crafting courtroom strategy.  Using practical case studies, surveys, checklists, and appendices that are grounded in multi-professional scientific and clinical literatures, this book will give readers approaches to cogently and persuasively present mitigation evidence to decision makers.  In addition to understanding the law and ethics of mitigation, you will learn how to:

• Develop consistent arguments for life imprisonment -- rather than death -- and mitigated sentences in other criminal cases through effective storytelling and theme-building;

• Build productive relationships with clients, witnesses, and experts;

• Utilize the Capital Jury Project's empirical findings for successful jury selection and persuasion;

• Develop robust case theories;

• Collect and organize information crucial for compelling mitigation;

• Create a winning mitigation team and employ the cutting-edge methodology of structured case review;

• Proactively manage media coverage for positive mitigation outcomes, and

• Effectively present mitigation evidence at pretrial, voir dire, and penalty phases.

This book will benefit seasoned defense professionals, while also providing crucial guidance for attorneys and other professionals with limited or no experience in mitigation techniques.

May 2, 2017 at 02:16 PM | Permalink


All lawyer mitigations are false. They are aggravations. They make the defendant more dangerous than other criminals with the same charges.

Posted by: David Behar | May 3, 2017 7:43:11 AM

Mr. Behar. It's Wednesday! That means you take the red pill, not the blue. Try to remember.

Posted by: James | May 3, 2017 8:45:52 AM

James. You believe in mind reading, future forecasting, and that standards of care should be set by a fictitious character. Why fictitious? So the standards may be objective, of course.

Cuckoo, cuckoo, cuckoo, ding. Your profession is not only the stupidest group of people in the US, you people are nutty.

Posted by: David Behar | May 3, 2017 9:28:15 AM

The author forgot one topic I saw in a CLE brochure, How to Implant False Memories into the Jurors. Yes, into the jurors. Not covered in this book.

Posted by: David Behar | May 4, 2017 7:33:55 AM

The more appropriate title would be: "How to Lie and Get Rich Doing It."

Posted by: TarlsQtr | May 5, 2017 8:16:03 AM

Did not read this book:


Posted by: David Behar | May 5, 2017 2:44:23 PM

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