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Tell the Client’s Story


2017

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Tell the Client's Story: Mitigation in Criminal and Death Penalty Cases

Introduction: “When Mercy Seasons Justice”
Edward C. Monahan & James J. Clark

PART 1: DISCERNING
Chapter 1
Mitigation Matters
John H. Blume & Russell Stetler

Chapter 2
Competency of Counsel: Mitigation and National Standards of Practice
Peter A. Joy & Rodney J. Uphoff

Chapter 3
The Law and Practice of Voir Dire of Capital Jurors: Ensuring Jurors Are Merciful
Edward C. Monahan & Lorinda Meier Youngcourt

Chapter 4
Setting the Stage and Listening to What Jurors Have to Tell Us About Mitigation
Marla Sandys, Elizabeth S. Vartkessian, Heather Pruss, & Sara M. Walsh

Chapter 5
Thinking About the Brain: What Is the Meaning of Neuroscience Knowledge for Capital Mitigation?
Valerie Hardcastle

 

PART 2: TRANSLATING TO PRACTICE
Chapter 6 Creating and Leading the Mitigation Team
James J. Clark & Edward C. Monahan

Chapter 7
Developing Case Theories: Processes and Methods
Robert Walker

Chapter 8
Mitigation Practice: Turning ‘Defendants’ into Persons
Robert Walker and James J. Clark, Suzanne Hooper, Stephen Tripodi, Sean Kennedy & Edward C. Monahan

Chapter 9
Successful Relationship With a Capital Client: The Paramount Responsibility of the Lawyer
Margaret O’Donnell

Chapter 10
Investigation and Discovery Strategies for Capital Sentencing
Emily A. Hughes

Chapter 11
Integrating Experts into the Case: A Step Wise Process
Edward C. Monahan & James J. Clark

Chapter 12
Telling the Client’s Story: Developing a Consistent Theme for Life Imprisonment Without Possibility of Parole
Stephen B. Bright

Chapter 13
Special Challenges in Capital Trial Mitigation: Reframing to Communicate the Essence of Your Client
Sean Kennedy

Chapter 14
Communicating a Client’s Mitigation in the Court of Public Opinion: A Comment on “No Comment”
Edward C. Monahan

Conclusion
Resiliently Practicing Hope
James J. Clark & Edward C. Monahan

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