reframing resentencing change the tenor of your hearing by changing the nature of the conversation

reframing resentencing

change the tenor of your hearing by changing the nature of the conversation

change the conversation with yourself

•purpose of the hearing •process driven, not outcomes-driven • restorative justice model •capital case model • the “ultimate question”

the only question that matters: can he someday rehabilitate?

change the conversation within your case

•your client•your client’s community•victims and survivors•experts

your client

• relationship + rapport • restorative justice materials•proximity + safety • local transportation•multiple team members •giving •what has your client given?•what else can he give?

giving

•motivation• letters/direct actions • victims• survivors• client’s family/community•meaningful indirect actions• spiritual• recovery• advice to others

your client’s community

•does your client’s community believe that he can rehabilitate? • family• teachers/counselors • spiritual figures • COs

your client’s community

• relationship + rapport •empowerment•bring them together •give them jobs •storytelling + concrete examples as exhibits

your client’s community

victims + survivors

•your motives + intentions•your communication style •strategy concerns • stoke vs. diffuse

•your expectations

no expectations

experts

•opine on the ultimate question?•prison expert• juvenile brain development •advantages vs. pitfalls • clear record • trust •overreaching•opening the door

change the conversation in court: Miller factors, not sentencing factors

framing the briefs

framing the briefs • sentence is unconstitutional unless court

considers Miller factors

• aggravating vs. mitigating factors are secondary considerations and are encompassed within Miller factors

• frame + relate everything to miller factors • sentencing briefs • exhibits and documents • live testimony• opening + closing statements

framing the hearing

• administrative expectation-setting• multiple days• live witnesses• special setting • briefing schedule

• substantive expectation-setting• acknowledge victims + survivors• opening statement

good morning

mitigation video

• admissibility• the mitigation video of family members is nothing

more than a collection of “unsworn written statement[s]” and, as such, is permitted in a criminal sentencing.

• EC 250 (“writing”)• California Rules of Court 4.4115

• supplement/alternative to live witnesses • short thematic snapshot • logistics: language, distance, cost• humanizing, comfortable environment• props • fragile witnesses

mitigation video

live testimony

• your client’s community • prepared through purpose• difficult cross questions (can backfire for DA) • counterbalances live victim/survivor testimony

• experts• allows for court questions• more thorough explanation• different learning/absorption styles• setting traps

your client’s testimony

• motivation• preparation• purpose• cross-examination practice • even if you don’t think you need it …

• timing

• admissibility of other important documents• healing • empowerment