ISBN: 978-1-63425-914-9 2017, 416 pages, 6 x 9, Paperback and E-Book Loaded with practical case studies, surveys, checklists, and appendices provided by top litigation experts from across the nation, Tell the Client's Story provides litigation teams the best strategies for effective mitigation work in criminal and capital cases. 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.

Forty years and 1,400 executions after the U.S. Supreme Court ruled the death penalty constitutional, eminent political scientist Frank Baumgartner and a team of younger scholars have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. A Statistical Portrait of the Death Penalty shows that all the flaws that caused the Supreme Court to invalidate the death penalty in 1972 remain and indeed that new problems have arisen. Far from "perfecting the mechanism" of death, the modern system has failed.

An absorbing account of the ways in which defense attorneys represent capital defendants, Litigating in the Shadow of Death brings to light the paramount role these attorneys have played in shaping the modern system of capital punishment. Author Welsh White explains how attorneys' skills and abilities influence the determination of which capital defendants are sentenced to death.

Forensic mental health assessment (FMHA) continues to develop and expand as a specialization. Since the publication of the First Edition of Forensic Mental Health Assessment: A Casebook over a decade ago, there have been a number of significant changes in the applicable law, ethics, science, and practice that have shaped the conceptual and empirical underpinnings of FMHA. The Second Edition of Forensic Mental Health Assessment is thoroughly updated in light of the developments and changes in the field, while still keeping the unique structure of presenting cases, detailed reports, and specific teaching points on a wide range of topics. Unlike anything else in the literature, it provides genuine (although disguised) case material, so trainees as well as legal and mental health professionals can review how high-quality forensic evaluation reports are written; it features contributions from leading experts in forensic psychology and psychiatry, providing samples of work in their particular areas of specialization; and it discusses case material in the larger context of broad foundational principles and specific teaching points, making it a valuable resource for teaching, training, and continuing education. Now featuring 50 real-world cases, this new edition covers topics including criminal responsibility, sexual offending risk evaluation, federal sentencing, capital sentencing, capacity to consent to treatment, personal injury, harassment and discrimination, guardianship, juvenile commitment, transfer and decertification, response style, expert testimony, evaluations in a military context, and many more. It will be invaluable for anyone involved in assessments for the courts, including psychologists, psychiatrists, social workers, and attorneys, as well as for FMHA courses.

This book provides an introduction to socio-legal forms of mitigation in capital sentencing. It helps mitigation specialists, defense investigators, social scientists, and lawyers in developing socio-cultural themes of mitigation. It examines scientific formulations, concepts, and frameworks for structuring social history investigations and assessments of moral culpability. A fundamental aim of this handbook was to provide mitigation professionals not only with an understanding of the context of mitigation in criminal justice thinking, but also ways of contextualizing issues of blame and culpability. Cases are used to illustrate how to identify, evaluate and present mitigation evidence in assessing issues of culpability in the mitigation of punishment in death penalty cases. It also exposes mitigation professionals to recent developments in the social sciences with implications for assessing issues of practical rationality, diminished volition, unfortunate forms of socialization, criminal propensities, socio-cultural deprivation, and gang involvement. These topics are linked with legal and philosophical conceptions of moral culpability that offer mitigation professionals new ways of thinking about both proximal and remote forms of mitigation. These socially oriented lenses, used in examining these concepts and legal issues, offer alternative ways of thinking about issues of capacity, choice and character in assessing diminished forms of moral culpability. The book concludes with recommendations for future research and other strategies for promoting the improvement of practice in the field of capital mitigation. Unlike other books on death penalty mitigation, this book examines issues of relevance to social scientists, as well as mental health professionals. In fact, it is one of the only books written on the subject that includes opportunities for the inclusion of expert testimony on socio-legal matters by social criminologists, sociologists, social psychologists, and social workers.

This book is essential reading for students and professionals in the fields of mental health, criminal justice, and law, as well as for forensic practitioners who may not be familiar with the special requirements of death penalty cases. It is also an important resource for attorneys who work with forensic mental health professionals.

NEW YORK TIMES EDITORS’ CHOICE • A deeply reported, searingly honest portrait of the death penalty in Texas—and what it tells us about crime and punishment in America “If you’re one of those people who despair that nothing changes, and dream that something can, this is a story of how it does.”—Anand Giridharadas, The New York Times Book Review WINNER OF THE J. ANTHONY LUKAS AWARD In 1972, the United States Supreme Court made a surprising ruling: the country’s death penalty system violated the Constitution. The backlash was swift, especially in Texas, where executions were considered part of the cultural fabric, and a dark history of lynching was masked by gauzy visions of a tough-on-crime frontier. When executions resumed, Texas quickly became the nationwide leader in carrying out the punishment. Then, amid a larger wave of criminal justice reform, came the death penalty’s decline, a trend so durable that even in Texas the punishment appears again close to extinction. In Let the Lord Sort Them, Maurice Chammah charts the rise and fall of capital punishment through the eyes of those it touched. We meet Elsa Alcala, the orphaned daughter of a Mexican American family who found her calling as a prosecutor in the nation’s death penalty capital, before becoming a judge on the state’s highest court. We meet Danalynn Recer, a lawyer who became obsessively devoted to unearthing the life stories of men who committed terrible crimes, and fought for mercy in courtrooms across the state. We meet death row prisoners—many of them once-famous figures like Henry Lee Lucas, Gary Graham, and Karla Faye Tucker—along with their families and the families of their victims. And we meet the executioners, who struggle openly with what society has asked them to do. In tracing these interconnected lives against the rise of mass incarceration in Texas and the country as a whole, Chammah explores what the persistence of the death penalty tells us about forgiveness and retribution, fairness and justice, history and myth. Written with intimacy and grace, Let the Lord Sort Them is the definitive portrait of a particularly American institution.

There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. There is clear, systemic bias at all stages of the prosecution and the sentencing process – in determining who is competent to be executed, in the assessment of mitigation evidence, in the ways that counsel is assigned, in the ways that jury determinations are often contaminated by stereotyped preconceptions of persons with mental disabilities, in the ways that cynical expert testimony reflects a propensity on the part of some experts to purposely distort their testimony in order to achieve desired ends. These questions are shockingly ignored at all levels of the criminal justice system, and by society in general. Here, Michael Perlin explores the relationship between mental disabilities and the death penalty and explains why and how this state of affairs has come to be, to explore why it is necessary to identify the factors that have contributed to this scandalous and shameful policy morass, to highlight the series of policy choices that need immediate remediation, and to offer some suggestions that might meaningfully ameliorate the situation. Using real cases to illustrate the ways in which the persons with mental disabilities are unable to receive fair treatment during death penalty trials, he demonstrates the depth of the problem and the way it’s been institutionalized so as to be an accepted part of our system. He calls for a new approach, and greater attention to the issues that have gone overlooked for so long.

Richard, an American in Mexico, helps save the lives of the guilty. A mitigation specialist, hired by defense teams on capital cases in the U.S., he combs the back roads of starving-to-death Mexican shanty towns and agricultural villages. Divorced, a failed novelist with no family, and not too keen on attachments, he investigates the traumatic personal histories of undocumented Mexicans facing the death penalty in his home country. Esperanza is a young woman from the destitute Mexican hamlet of Puroaire. Trying to escape a life of poverty and abuse, her journey leads her to the United States, where she works on a cleanup crew after Hurricane Katrina. Her harrowing adventure is like that of millions of undocumented workers in the U.S. -- until she finds herself in a jail cell, accused of murdering her baby. When Richard visits Esperanza in jail, the boundaries of his closely circumscribed life explode. Set in the American South and in rural Mexico,One Life examines the indelible links between life and death, sex and love. It's at once a page-turning mystery and a profound examination of freedom and justice.