Death Penalty

In Wiggins v. Smith, 539 U.S. 510 (2003), the Supreme Court held that the failure to seek the services of a mitigation specialist or social history investigator to conduct a comprehensive investigation into the entire life of the client fell below existing professional norms, constituted an unreasonable, incomplete investigation and, because counsel’s substandard performance was prejudicial to Wiggins, constituted ineffective assistance of counsel. The implications of the decision and the revised Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases (ABA 2003) continue to be discussed and litigated. What constitutes a complete, thorough and reliable social history investigation?What is a Social History Investigator or Mitigation Specialist? What qualifications and training should such a person have, indeed, are they one and the same? Who should be recruited and trained to do social history investigations and mitigation preparation? What components must be included in an effective educational course for mitigation specialists or social history investigators? What does Wiggans tell us about counsel’s obligation to provide effective assistance of counsel at the sentencing phase of a capital trial under the Sixth Amendment? This conference will continue to explore these and other important issues, in light of the new Supplementary Guidelines on the Mitigation Function. It will also provide information about new research and developments relevant to better understanding our clients, and offer an opportunity to brainstorm and discuss new ideas and strategies.