Forging a New Practice Area: Social Work's Role in Death Penalty Mitigation Investigations

Abstract

The death penalty remains alive and well in the United States. Courts in 37 states try defendants who are oftentimes mentally retarded, mentally ill, or suffer from neurological disorders. Social workers are using their skills and expertise to lead mitigation investigations where disability, discrimination, and deprivation in defendant's lives are being woven into the fabric of the penalty phase process. Mitigation investigations yield information about a defendant's life that is then empirically linked with factors identified in the social science literature and presented to juries to guide their focus in making sentencing decisions. Advanced clinical skills and an ecological theoretical approach to interpreting the biopsychosocial realities of the defendant's life are proving to be vital components of capital litigation.