Mitigation: Utilizing the Forensic Mental Health Professional

• Author: Elliot L. Atkins and Alan Ellis
• Pages: 45-55

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Chapter

The prior chapter serves as a general guide to all aspects of sentencing,

whereas the material in this chapter provides advice on how best to use an

expert to assist with mitigation.

• • •

With the exception of mandatory sentences and fixed-sentence plea

agreements, courts remain in the position to fashion a more “individu-

alized” sentence in response to what may be presented in the form of

mitigating evidence. Essentially, there are no limitations as to the type of

information that can be provided at sentencing. The trial court must give

defense counsel an adequate opportunity to present whatever information

counsel feels is relevant. (In the federal system, for example, 18 U.S.C.

3661 makes it clear that there can be no limitation as to what a judge may

consider at sentencing.) The intention of this chapter is to provide defense

counsel with methodological and conceptual information as well as

strategies that will enable him or her to more effectively educate the Court

about the client whose mental and emotional functioning may have con-

tributed, directly or indirectly, to the commission of the offense. More

specifically, it is our intention to provide an overview of the interface

Mitigation: Utilizing the

Forensic Mental Health

Professional

Elliot L. Atkins and Alan Ellis

4