Trapped with Ms. Arias: Part 1 of 3 From Getting the File to Being Ready for Trial by Kirk Nurmi

Author:Kirk Nurmi [Nurmi, Kirk]
Language: eng
Format: azw3
Published: 2015-11-19T05:00:00+00:00

SECTION 4

PREPARING FOR THE MITIGATION PHASE

The Mitigation Phase of a death penalty case is typically the most important phase of the case because the evidence presented in this phase often makes the difference between a life sentence and a death sentence. It is the point in the case where more often than not the jury learns the most about the defendant. It is the point in time where focus shifts from the crime itself to who the defendant is as a person. It is the point in time that the jury oftentimes hears things about the defendant they have not heard before. Of course, as I have often said in this book, Ms. Arias’ case was far from typical. However, even though Ms. Arias’ case was far from typical it did not mean that Ms. Arias had no mitigation, it just meant that her mitigation would likely come into evidence in a different way. To set the stage for this section, in Chapter 25, I will talk about what a “mitigation phase” typically involves so as to provide you a better understanding of what tends to occur in most cases. In Chapter 26, I will discuss “The Mitigation Investigation by Prior Counsel” so as to make you aware of what was done on this aspect of the case before I got the file. In Chapter 27, I will speak about what I did, in terms of finding mitigation once I got the file and I conclude this section with Chapter 28, wherein I talk about the State’s attempt to counteract Ms. Arias’ case for life.

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