Mitigation evaluations are thorough psychological assessments conducted with individuals facing serious criminal charges. The focus of these evaluations is to examine various factors that may have influenced the defendant’s behavior at the time of the crime. These factors can include the individual’s mental state, historical psychological difficulties, medical conditions, cognitive abilities, developmental issues, exposure to trauma, and socioeconomic background. The goal is not to excuse or justify the criminal behavior but to provide a context for understanding the defendant’s actions when thinking about their level of culpability.
Mitigating factors refer to circumstances or characteristics of the defendant or the crime that may reduce the severity of the charge or sentence, whereas aggravating factors are those that enhance the perceived severity of the crime. Defense attorneys typically request a mitigation evaluation either before the defendant enters a plea or prior to sentencing. These evaluations provide information about factors that may have affected the defendant’s judgment, perception, or intent, which can be used to secure a more favorable plea agreement or reduce the severity of the sentence imposed upon the defendant.
At Dr. Robin Lowey & Associates, our psychological evaluations for mitigation purposes involve a review of all relevant discovery materials, a clinical interview with the defendant, and objective psychological testing to assess not only the presence of mental health conditions but also personality traits that could be relevant to the case. The findings are presented in a concise, yet comprehensive psychological report, which is then submitted to the court. Expert testimony is provided upon request.