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MITIGATION CONSULTING

Shane Harrington, PhD, works with attorneys to conduct thorough interviews of their respective clientele, along with their friends, family members, stakeholders, and those individuals who can provide insightful detail into the life of the Defendant.


If afforded enough time to do so effectively, we can provide in-depth research, acquire the relevant supporting documentation and formulate impactful strategies that will communicate the Defendant's life story, in a meaningful and connective way.


Mitigation is frequently used in plea offer negotiation and pre-sentencing evaluation, when the Defendant's personal circumstances are considered, in addition to the criminogenic factors that led to the allegation and/or commission of a crime.


MITIGATION REPORTS


The purpose of a mitigation report is to aid in understanding who the Defendant is, as a person, and to explore alternative options in resolving their legal matter amicably, for society and all parties involved. 


While the government’s focus is typically retribution...and justifiably so in many instances, restorative justice is an applicable process that attempts to understand the offender for the purpose of mitigating the offense, while achieving the balance of justice.


It is a process that provides what is required to the victim, and society; yet mercifully allows the offender to receive the supports and therapeutic interventions they need to become a productive member of society once again or perhaps even for the first time.


According to the United Nations, restorative justice programmes should include results-oriented processes that yield outcomes, “designed to accomplish reparation of the victim and community, and reintegration of the victim and/or the offender.”[1] 


In an article written by Andrew Campbell analyzing the impact that forgiveness and reconciliation have upon the individual and society, he conceptualizes that, “Forgiveness is an internal process of individual courage that cognitively, emotionally, and spiritually transforms the meaning of the traumatic event as well as promotes the release of rooted transgression by the perpetrator to wipe the slate clean and restore a cooperative relationship.”[2] It is a process that helps the victim move forward and the offender experience a more restorative outcome.


According to Zehr, “Our legal system tends to define justice, not by the outcome, but by the process itself and by the intention behind it… So, we define justice as the establishment of blame and the imposition of pain, all administered according to the right rules.”[3


These rules that govern us, do more to divide us, than to unite us. “For offenders, the justice process will encourage anger, rationalization, denial of guilt and responsibility, feelings of powerlessness and dehumanization. As with victims, the wound will fester and grow.”[3]


A clear intervention must take place for the criminal justice delivery process to change and although we are on the cusp of a great awakening and perceivable transformation, it is still in its embryonic stages and requires the diligence of all involved.


We, as legal scholar-practitioners, are responsible for these outcomes and amplifying our understanding of what is essential and forfeiting all that is not will be the catalyst required to implement that type of change necessary to make a restorative impact in the lives of everyone involved in this case. 


Throughout mitigation reports, we hope to detail more about the Defendant, their family, background, what brought them to this point in their life, and what concerns there are for them today. We will provide a specific action plan with the proper supports designed to meet the expectations and prospective post-conviction requirements of the respective Court where the Defendant was charged.


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[1] Basic principles on the use of restorative justice programmes in criminal matters, ECOSOC Res. 2000/14, U.N. Doc. E/2000/INF/2/Add.2 at 35 (2000).

[2] Campbell, Andrew (2017). Forgiveness and reconciliation as an organizational leadership competency within restorative transitional justice instruments. International Journal of Servant Leadership. (p. 7)

[3] Zehr, Howard (1985). Retributive justice, restorative justice. MCC U.S. Office of Criminal Justice. MCC Canada Victim Offender Ministries.



INVESTIGATION RATES


Level 1: For cases that occur in Municipal or District Court, we charge a $500.00 Minimum Flat-Fee, which includes up to the first five-hours of mitigation consulting. Following this, our rate is $100.00 per hour, billed in six-minute increments (0.1 hours, 0.2 hours, etc.). Additional Retainers may be required. 


Mitigation reports are rarely used in Level 1, as they are primarily constructed for the purpose of addressing Felony cases that are charged in Superior Court.


Level 2: For cases that occur in Superior Court, we charge a $2,500.00 Minimum Flat-Fee, which includes up to the first twenty-five-hours of mitigation consulting. Following this, our rate is $100.00 per hour, billed in six-minute increments (0.1 hours, 0.2 hours, etc.). Additional Retainers may be required.


This process includes discovery review and analysis, attorney and/or client conferences, locating family members and supportive members of your community and...at times, witnesses, alleged victims, law enforcements officers, experts, etc., in addition to obtaining evidence. 


Then, scheduling interviews and subsequently interviewing the individuals required in preparing the best mitigation report possible, given your specific charges and current circumstance.

Private Investigator Licenses:

Oregon Investigator 90168  |  Washington Agency 2066  |  Washington Principal 3828


400 Union Avenue SE

Suite 200

Olympia, WA 98501

(360) 499-2405

shane@harringtonpi.com

email is the preferred method of contact