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American Bar Association Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases: Implications for Social Work
When a client faces a penalty of death, defense attomeys may call on social workers in many capacities: mitigation specialist, expert witness, consulting specialist, direct witness, or defense-initiated victim outreach worker. The American Bar Association set forth standards for capital defense attomeys, which led an interdiscipUnary team to produce the "Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases" to promote the exceptional competence and diligence required when the consequence is life or death. This article summarizes the "Supplementary Guidelines," with implications for social work practice—that is, professional responsibility, competence, interviewing skill, knowledge of behavioral and mental inipainnent, records re^view. Ufe histoiy compilation, data interpretation, witness support, law-related knowledge, and testimony. The social work, which is scrutinized in a court of law, requires cultural competence, diverse oral and
written communication skills, diligence, and the highest ethical standards.
KEY WORDS.- death penalty; expert witness; forensic social work; life history assessment; mitigation
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