Dr. Long & Associates - Expert Psychological Evaluation Service

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Mitigating Circumstances Expert Evaluation | Charlotte, North Carolina

Mitigating Factors in Criminal Cases

In criminal defense cases, savvy attorneys often turn to forensic psychology mitigation experts to help uncover crucial mitigating factors, ensuring they provide their clients with the most effective defense possible. Dr. Long, a skilled mitigation specialist, possesses the training and expertise necessary to identify and elicit these factors and effectively present them.

The Advantages of Dr. Long's Expertise in Identifying and Eliciting Mitigating Factors

  1. Superior training: Dr. Long's background in psychology, social work, or related fields provides her with the necessary knowledge and skills to identify and understand the mitigating factors that attorneys may miss.

  2. Overcoming barriers to information gathering: Defendants may be hesitant to share crucial information due to mental health issues, distrust, shame, or ego. Dr. Long's training and experience enable her to navigate these challenges and foster trust with clients, allowing her to gather critical information that may otherwise remain hidden.

  3. Effective communication with clients: Dr. Long's expertise in mental health and human behavior allows her to communicate more effectively with clients who may be struggling with vulnerability or are unwilling to share sensitive information in the context of criminal proceedings.

  4. Comprehensive defense strategy: With Dr. Long's expertise in identifying and presenting mitigating factors, the defense team can create a more holistic and persuasive defense strategy, which may lead to more favorable outcomes for the client.

Dr. Long's experience in forensic psychology spans various aspects of criminal law and sentencing. Key accomplishments include:

  1. Serving as the lead forensic unit psychologist at Central State Hospital in Milledgeville, Georgia, a maximum-security facility.

  2. Conducting court-ordered pretrial forensic psychological evaluations of competency to stand trial and criminal responsibility, as well as providing expert testimony across Georgia. This also includes performing inpatient civil commitment evaluations, initial risk assessments (Hare PCL-R), violence risk assessments (HCR-20 and START), personality assessments, and forensic tests specific to sex offenders (STATIC-99 & ARMIDILLO-S).

  3. Acting as an expert witness for the Mental Inquest Warrant court at Central State Hospital in Louisville, Kentucky, for the Commonwealth of Kentucky. Responsibilities included conducting forensic evaluations to determine competency and criminal responsibility, administering various assessments for treatment planning, and serving individuals with varying levels of severe mental illness in an inpatient setting.

  4. Integrating assessment results, behavioral observations, and symptom burden into comprehensive reports, participating in multidisciplinary treatment planning, and assisting in determining the least restrictive placement for individuals nearing discharge.

  5. Working on a contract basis as a Forensic Psychologist for the South Carolina Department of Juvenile Justice, where Dr. Long provided forensic and psychological evaluations for juveniles and their families.


Overview of Aggravating and Mitigating Factors in North Carolina Sentencing

In North Carolina, the court system takes into account aggravating and mitigating factors when determining an appropriate sentence for a convicted defendant. These factors can impact the severity of the sentence and help ensure that justice is served. In this section, we will explore the concept of aggravating and mitigating factors, and how they play a role in North Carolina's sentencing guidelines under NC § 15A-1340.16.

Aggravating Factors: Aggravating factors are circumstances that make an offense more severe or deserving of a harsher punishment. Under NC § 15A-1340.16(d), there are numerous aggravating factors that the court may consider, such as:

  • The defendant's leadership role in the offense

  • The offense was committed for the purpose of avoiding arrest

  • The offense involved a deadly weapon

  • The victim was very young, old, or vulnerable

  • The offense involved significant monetary loss or property damage

  • The offense was committed against a victim due to their race, religion, or nationality

It is important to note that the same piece of evidence cannot be used to prove more than one aggravating factor, and evidence proving an element of the offense cannot be used as an aggravating factor.

Mitigating Factors: Mitigating factors, on the other hand, are circumstances that may lessen the severity of the offense or the defendant's culpability, potentially leading to a reduced sentence. Under NC § 15A-1340.16(e), examples of mitigating factors include:

  • The defendant acted under duress or coercion

  • The defendant had a minor role in the offense

  • The defendant suffered from a mental or physical condition that reduced their culpability

  • The defendant's age, immaturity, or limited mental capacity significantly reduced their culpability

  • The defendant made substantial restitution to the victim

  • The defendant aided in apprehending another felon or testified truthfully for the prosecution

  • The defendant has a good character or reputation in the community

The Burden of Proof and Sentencing Procedures:

The State bears the burden of proving beyond a reasonable doubt that an aggravating factor exists, while the offender bears the burden of proving by a preponderance of the evidence that a mitigating factor exists. In cases where the defendant does not admit to the existence of an aggravating factor, a jury may be impaneled to determine its presence.

When determining an appropriate sentence, the court weighs the aggravating and mitigating factors present in the case. If aggravating factors outweigh mitigating factors, the court may impose a sentence within the aggravated range. If mitigating factors outweigh aggravating factors, the court may impose a sentence within the mitigated range.

Understanding the role of aggravating and mitigating factors in North Carolina's sentencing guidelines is crucial for both defendants and legal professionals. These factors help ensure that sentences are just and appropriate for the specific circumstances of each case. By taking these factors into account, the court system can work towards fair and equitable outcomes for all parties involved.


A List of 21 mitigating factors under North Carolina's sentencing law.

Now, let's explore further how a mitigation specialist can support attorneys in investigating and presenting the 21 mitigating factors recognized under North Carolina's sentencing law (NC § 15A-1340.16). 

  1. Duress, coercion, threat, or compulsion: A forensic psychologist can evaluate the defendant's mental state at the time of the offense to determine if they were acting under duress, coercion, threat, or compulsion. This can involve interviews, psychological tests, and review of case documents to identify any signs of external pressure on the defendant.

  2. Passive participant or minor role: Forensic psychologists can assess the defendant's level of involvement in the crime and determine whether they were a passive participant or played a minor role. This evaluation may include examining the dynamics of the group involved in the offense and the defendant's actions or inactions during the crime.

  3. Mental or physical condition: A forensic psychologist can evaluate the defendant's mental and physical health to identify any conditions that may have reduced their culpability. This can involve diagnostic assessments, interviews, and review of medical records.

  4. Age, immaturity, or limited mental capacity: Forensic psychologists can assess the defendant's developmental level, cognitive functioning, and maturity to determine if these factors reduced their culpability. This may involve administering cognitive tests, reviewing school records, and conducting interviews.

  5. Restitution to the victim: While forensic psychologists may not play a direct role in this factor, they can help assess the sincerity of the defendant's remorse and willingness to make amends.

  6. Voluntary participation or consent of the victim: A forensic psychologist can evaluate the victim's state of mind and actions to determine whether they voluntarily participated in or consented to the defendant's conduct.

  7. Aiding in the apprehension of another felon or testifying truthfully: Forensic psychologists can provide expert testimony regarding the defendant's credibility, sincerity, and cooperation with law enforcement or the prosecution.

  8. Strong provocation or extenuating relationship: Forensic psychologists can assess the relationship between the defendant and the victim, examining any provocation or extenuating circumstances that may have contributed to the offense.

  9. Unforeseeable consequences or caution: A forensic psychologist can evaluate the defendant's ability to foresee the consequences of their actions and whether they exercised caution to avoid causing harm.

  10. Reasonable belief in legality: Forensic psychologists can assess the defendant's understanding of the law and their belief in the legality of their actions.

  11. Voluntary acknowledgment of wrongdoing: A forensic psychologist can evaluate the sincerity of the defendant's admission of guilt and their level of remorse.

  12. Good character or reputation: Forensic psychologists can review the defendant's personal history, including interviews with family, friends, and community members, to determine their character and reputation.

  13. -19 Minors, supervision, military service, responsibility, treatment programs, support,  employment, and treatment prognosis: Forensic psychologists can evaluate various aspects of the defendant's personal and social history, including their age, family support, military service, acceptance of responsibility, involvement in treatment programs, community support, employment, and treatment prognosis.

    20. Workable treatment plan: Forensic psychologists can develop and propose a workable treatment plan for the defendant, considering their unique needs and circumstances. This plan may involve therapy, medication, vocational training, or other interventions aimed at rehabilitation and reducing recidivism.

    21. Other mitigating factors: This is a very important one. In addition to the factors listed in the statute, forensic psychologists can identify and present any other mitigating factors that are reasonably related to the purposes of sentencing. This may involve exploring the defendant's unique circumstances, personal history, and psychological factors that may have influenced their actions. Beyond the factors outlined in the legislation, forensic psychologists can uncover and present additional mitigating factors that are reasonably connected to the objectives of sentencing. This process may entail delving into the defendant's distinctive circumstances, personal background, and psychological elements that could have played a role in their behavior. Such factors can encompass a wide range of aspects, including the defendant's upbringing, any history of abuse or trauma, mental health issues, socioeconomic status, and other life experiences that may have shaped their decision-making process. Moreover, forensic psychologists can evaluate the defendant's potential for rehabilitation and consider their demonstrated remorse or willingness to change.


The Importance of Early Mitigation Expert Involvement in Legal Cases

n both capital and non-capital cases, understanding a defendant's life and mental health history is crucial for building a comprehensive defense strategy. Involving a mitigation expert early in the legal process can provide valuable insights that not only humanize the defendant but also influence plea negotiations and trial outcomes. This practice, known as "frontloading" the mitigation, can have a significant impact on the judge or jury's perception of the defendant.

Benefits of Engaging a Mitigation Expert Early in the Case:

  1. Enhancing plea negotiations: When a mitigation expert is involved early in a case, they can gather humanizing information about the defendant that may challenge the prosecutor's preconceived perceptions. This information can play a crucial role in plea negotiations, potentially leading to more favorable outcomes.

  2. Frontloading mitigation during the trial: By introducing mental health information and other relevant aspects of the defendant's life during the trial, a mitigation expert can help create a more comprehensive and persuasive defense strategy. This approach can be particularly effective in death penalty cases, where the same jury is often involved in both the guilt and penalty phases.

  3. Greater impact on the judge or jury: When potentially compelling and humanizing information about the defendant is presented early in the legal process, it is more likely to have a lasting impact on the judge or jury's perception of the defendant. This can ultimately influence their decisions on guilt and sentencing.

  4. Holistic defense strategy: Early involvement of a mitigation expert allows for the development of a more cohesive and comprehensive defense strategy. By incorporating mental health information, personal background, and other relevant factors, the defense team can create a more convincing argument that addresses the nuances of the case.

  5. Flexibility in presenting affirmative defenses: In cases where an affirmative defense may be unlikely to succeed, a mitigation expert's expertise can still provide valuable information to the jury. By presenting this information in a strategic manner, the defense can create a more sympathetic and relatable portrayal of the defendant.

Involving a mitigation expert early in the legal process can significantly enhance the defense strategy in both capital and non-capital cases. By providing valuable and humanizing information about the defendant's life and mental health history, a mitigation expert can influence plea negotiations, trial outcomes, and the perceptions of the judge or jury. This comprehensive approach ensures that the defendant receives a fair and just evaluation throughout the entire legal process.

If you're an attorney representing a client or a defendant in a case with mitigating factors and wish to consult with Dr. Long and Associates, send us a short overview of the case, and we'll get in touch with you.