When the Client’s Entire Life is Important: Sentencing Advocacy and Beyond
Seattle, Washington Sentencing and Mitigation Attorney
Every human being has inherent dignity and value. One of the most important jobs I have as a lawyer is to make sure that the key decision-makers in the system understand the unique dignity and value of my clients. Or, as one of my mentors put it to me many years ago, “You have to get them to like your client.”
In his death penalty cases, Mr. Iaria, as the lead defense lawyer must direct and conduct an investigation designed to understand the psycho-social forces that have shaped the client and influenced his or her life. This investigation must also seek to uncover evidence of the client’s humanity – such as good deeds committed by him or her – in order to demonstrate that the client should not be defined and judged only by his or her capital crime. This enormous endeavor is called a “mitigation investigation” and requires a thorough look at the client’s life as a whole and at his or her family history, dating back generations. Ultimately, the results of this investigation, intended to save the client’s life, must be told in a compelling story.
This type of investigation also can be crucial in just about any type of non-capital case. For example, in any case in which there will be an insanity or diminished capacity defense, or in which mental health issues will play a role in plea bargaining or sentencing, the client’s mental illness will be better understood if placed in the context of his or her life as a whole. Indeed, a life history investigation frequently provides important evidence to the mental health experts who evaluate a client.
Moreover, even when mental illness is not an issue, evidence of a client’s life as a whole may be very helpful in plea bargaining or sentencing, as part of an effort at mitigation, to show that the client’s crime should not define him or her. In many cases, for example, sentencing leniency may depend on whether the client’s criminal behavior was “aberrant”, or a substantial deviation from a lifetime of otherwise law-abiding conduct. A mitigation investigation that proves this through witnesses and documents, and that discovers and describes the client’s good works and contributions to society, may be the key ingredient in a reduced sentence.
In professional licensing cases, mitigation may prevent revocation or suspension of the client’s license. While the mitigating evidence that may be useful in the professional licensing context is not necessarily the same as in a criminal case, the general investigative effort is very similar, with the focus on demonstrating that the client is much more than the unprofessional act he or she allegedly has committed.
In civil cases, when trying to convey how the infliction of sexual abuse or domestic violence or police misconduct has altered the life of a client, it is obviously critical to describe the arc of the client’s life in sufficient, compelling detail, in order to maximize recovery for the client.
Finally, the simple truth is that the more the critical decision-makers (particularly jurors) like and in some manner identity with the client, the more likely it is that success will be achieved.