Criminal Mitigation: Rethinking Presentencing Strategies

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Criminal Mitigation: Rethinking Presentencing Strategies
Criminal Mitigation: Rethinking Presentencing Strategies

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Course Credit Hours: CA 1
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Course Description

This course provides an overview of criminal mitigation to criminal defense lawyers, and reviews various humanizing processes that a criminal law attorney can utilize to better advocate for his or her client. Mr. Silver discusses how the use of psychological analysis, which can also impact the factual analysis of the case, can paint a more positive picture of a client and increase their chances of success in the courtroom. Both experienced and novice lawyers will gain important insight into various criteria to consider and deploy at the pre-sentence or pre-plea stage of representation.

Learning Objectives:

I. Summarize the definition and applicability of mitigation to a defendant's case

II. Identify the multi-purpose uses of mitigation in the course of defense

III. Understand how criminal mitigation can best assist one's client

IV. Describe which clients most benefit from criminal mitigation and why

Length: 1hr 0min

Member Reviews

Hands down this was one of the best most informative MCLE courses packed into a own hour session that I have participated in this year! Thank you for your expertise in this area. It opened my eyes on several important issues.
- Linda Kay J.
Though I do not practice criminal law anymore, this course broadened my thinking about sentencing criminals. I especially resonated to the idea of a criminal as an individual - like me - and my failings are not so very different from his - "let him who is without sin cast the first stone". If I am ever a juror in a criminal matter (or take up the mantle of criminal defense again), this course will figure largely in my approach. Thank you.
- William G.
Incredibly knowledgeable and effective lecturer! Very well-rounded and detailed presentation.
- Karen G.
Read All 93 Reviews

Meet the Lecturer(s)

Mark Silver

MARK S. SILVER is a lawyer and New York State Licensed Clinical Social Worker, with a doctorate in psychology and a post-graduate certificate in family therapy. He is the author of several publications. Since 2002, Mark has worked as a consultant for law firms throughout the United States conducting psychosocial evaluations and writing formal reports in forensic and mitigation immigration and criminal cases. He has worked with thousands of clients from over forty countries on various individual, family, and mental health issues related to criminal conduct and deportation. He has also provided expert testimony in many of these cases in Immigration Court and lectures to lawyers throughout the United States on a wide range of forensic issues with case samples. He can be reached at or 917-608-1346.

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