AAFP: Evaluation for Mitigation in Non-Capital Federal Sentencing Cases

4 Hours | 4 CEs

This on-demand professional training program on Evaluation for Mitigation in Non-Capital Federal Sentencing Cases is presented by Claude J. Kelly, JD, and Gina Manguno-Mire, PhD in partnership with the American Academy of Forensic Psychology (AAFP)

Evaluations for sentencing are ubiquitous and commonly encountered by practicing forensic psychologists, but there is little guidance on how to conduct these evaluations in non-capital cases. Since the passage of the Sentencing Reform Act in 1984, federal judges have been tasked with considering how a defendant's "history and characteristics" bear upon sentencing.

This program, co-presented with the Chief Federal Public Defender in the Eastern District of Louisiana, provides participants with the legal context for conducting non-capital federal sentencing evaluations, including an in-depth discussion of the U.S. Sentencing Guidelines as illustrated by actual case examples used in mitigation evaluations in federal court. Finally, how to effectively and ethically communicate one's opinion through written reports and/or oral testimony is discussed.

The program is intended for beginning forensic practitioners or evaluators with forensic experience who are looking to expand their current practice by learning to conduct mitigation evaluations of non-capital offenders. Federal case law, the goals, and purpose of sentencing, including the concept of moral culpability, are discussed in detail, focusing on the systematic evaluation of individual offender characteristics that bear upon individualized sentencing. The basis for sentencing mitigation, including the factors judges consider in departing from the sentencing guidelines, is discussed through the use of legal material and redacted forensic case examples.