CAPITAL MITIGATION
Capital mitigation requires preparing and presenting an in-depth psychosocial evaluation of an individual, utilizing witnesses, life historians and other persons who can help portray a person's complex life. The Supreme Court has held it is our job to attempt to uncover the possibility of compassionate or mitigating factors stemming from the diverse frailties of humankind. McDermott & Associates is adept in gathering records, processing medical and psychological information, identifying and locating witnesses, conducting interviews and generating effective notes, reports and exhibits for penalty phase trials.
McDermott & Associates develops a supportive relationship with the client to ascertain the most personal information necessary to develop a complete history. We provide extensive experience in research and fact gathering for both social, psychological, physical, environmental aspects of an individual’s life including adaptive functioning and cultural norms. All of the work that we do is consistent with current professional standards as defined by the American Bar Association and other established professional standards.
ALTERNATIVE SENTENCING
The sentence of a client is a life altering event. You want the Court to know as much about your client as possible. McDermott and Associates provides the following services in mitigation for the purposes of alternative sentencing:
Preparation of complete psycho social backgrounds providing an understanding of an individual and their behaviors by utilizing extensive knowledge in environmental, social, psychological, and economic factors.
PRIVATE INVESTIGATIONS
McDermott & Associates employs a full staff of licensed investigators who provide information on sensitive issues and obtain answers to your questions. Our experience working on high-profile and media sensitive cases, as well our understanding and comprehension of the law, makes our firm the right choice for complex investigations. Our service includes a complete investigation including background checks, witness interviews, crime scene, asset searches, surveillance, employment checks and social media analysis.
Our team of knowledgeable, professional and trustworthy investigators come from a variety of backgrounds. In addition to extensive legal knowledge, we bring vast experience from the field of psychology. Our unique positioning in these areas enable us to provide a thorough and high-quality investigation for the most sensitive cases.
RESTORATIVE JUSTICE
The three principles that form the foundation for restorative justice:
- Justice requires that we work to restore those who have been injured.
- Those most directly involved and affected by crime should have the opportunity to participate fully in the response if they wish.
- Government's role is to preserve a just public order, and the community's is to build and maintain a just peace.
Restorative justice emphasizes repairing the harm caused by crime. When victims, offenders and community members meet to decide how to do that, the results can be transformational. The Restorative Justice concept encourages offenders to meet and be confronted by their victims. Properly monitored and prepared, Restorative Justice allows the offender to realize the direct and ripple effect of his crime and, in giving it a human context. Research suggests that Restorative Justice can reduce recidivism by an average of 27%. There are number of differant ways that restorative justice can be implemented outside of the court system, including but not limited to:
- Schools where bullying and gangs are prevalent.
- Workplace where harrassment and feelings of a hostile workplace exist.
- Communities where citizens and officials are at odds.
If you are interested in starting a restorative justice program consultation services are available.
DEFENSE INITIATED VICTIM OUTREACH
Defense Initiated Victim Outreach assists in reducing the trauma to victims-survivors that results from the adversarial court process and also assists in helping attorneys to understand the needs of the victim and how they can be addressed by the defense.
The loss of a loved one to a violent crime is unfathomable. Couple the loss and despair with navigating the legal system during a time of mourning is at best - overwhelming. Defense teams are not blind to the loss that is central to the crime, and do not intentionally wish to harm the survivors. Using the three core principals of restorative justice, DIVO specialists attempt to reduce the trauma to victim-survivors that often results from the adversarial nature of the legal process. Our goal is to ensure survivors needs are met by the criminal process.
Defense-Initiated Victim Outreach (DIVO) is a service paid for by the defense but the DIVO specialist does not become a member of the defense team. A DIVO specialist will provide a path between the victim-survivor and the defense team should they desire.