The Mitigation Mission
“Investigations into mitigating evidence should comprise efforts to discover all reasonable available mitigating evidence and evidence to rebut any aggravating evidence that may be introduced by the prosecutor.” Justice Sandra D. O’Connor, Wiggins v. Smith.
"The end result of a well-executed mitigation process is a compelling biography of a person for whom empathy and sympathy can be elicited. In fact, the focal mission of the entire mitigation process is to inspire empathy and sympathy for clients among jurors". Tell The Client's Story, Edward Monahan and James Clark, eds. American Bar Association. 2017. Page 202.
"Mitigation Specialists are critical and integral members of the defense team when a person convicted of capital murder is facing a potential death sentence. Having an experienced Mitigation Specialist is fundamental to effective representation." In this capacity we uncover admissible, reliable mitigation evidence through client and witness interviews as well as through record retrieval. We also work with the defense team to develop effective themes and strategies for the presentation of mitigation evidence. The Supreme Court of the United States has defined mitigation as “any aspect of a defendant's character or record and any of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death.” Lockett v. Ohio, 438 U.S. 596, 604-605 (1980).
"Mitigation is a translational process that takes a wide range of information and crafts it into useful defense information. While mitigation is informed by clinical knowledge the desired outcome is not a clinical assessment. Instead, mitigation forms a critical part of the overall defense strategy by fleshing out the fuller context of the client and his or her world. The work involves a unique kind of biographical data collection in order to advance the development of compelling themes that will shape the capital defense efforts during all phases of the trial." Supplementary Guidelines for the Mitigation Function of Defense Team in Death Penalty Cases (2008),
In serving our clients needs Jeff Wax relies on his extensive experience as a mitigation specialist in both pre-trial and post-conviction stages of state and federal capital murder cases.
Our Role in the Mitigation Process
Conducting a thorough investigation into the bio/psycho/social history of the accused to identify potential mitigating factors that should be presented as well as creating the personal story of the accused.
Identifying and interviewing all lay witnesses; the family members, peers, co-workers, teachers, clergy and other social contacts of the defendant who have important pieces of the puzzle of defendant’s life experience and can provide important supporting mitigating evidence.
Identifying the need for experts’ support in psychological and mental health evaluations and provide resources in substance abuse, and social service programs.
Highlighting implications of abuse, neglect or disability to support arguments and assist in finding appropriate experts to support the defense argument
Providing the detailed, important, forensic documentary evidence, and “skipper” reports with support information for mitigation arguments
Preparing a well documented and supportive mitigation study report that strategically addresses the key mitigating factors for judges and juries to consider.
Fact Investigations
Investigation is essential in every criminal case regardless of the charge.
Lawyers are effective in advising their clients when they know the law as well as all of the facts.
Atlantic International Associates is licensed by the Departments of Public Safety in the states of Texas and Maine.
Whether you are taking a private or appointed case, we are with you every step of the way, from intake through trial. We understand the process and the unique issues that attorneys face in criminal defense cases, and we are here to help. We also understand the expense involved in representing criminal defendants. We work within your budget to provide the most efficient and cost-effective investigation.
While a commendable investigation can shape the outcome of a case, your choice of a proficient investigator will indubitably shape the outcome of the investigation.
Abstract. The mitigation investigation that is essential in every capital case requires a multidisciplinary team. The duty to conduct this investigation is clearly established by federal law and an ethical obligation of counsel. The mitigation evidence that is uncovered is of vital importance to the rights of the individual accused of a capital offense, but also to reliable outcomes since all decisionmakers—including prosecutors, jurors, and judges—need the most complete and accurate picture of the person facing the punishment of last resort. This Article discusses some of the unique legal and ethical issues affecting the documentation of this investigation. The Authors address two specific problems: the changing landscape of discovery rules over the extraordinarily long life of a capital case from pretrial litigation to federal habeas corpus review and the nature of mitigating evidence itself. The ubiquity of trauma in the capital client population affects the dynamics of disclosure of mitigating evidence and can explain apparent inconsistencies arising from these dynamics. There are no simple solutions to these problems, but capital defense teams have an obligation to adopt thoughtful strategies based on an awareness of these complexities. https://www.dropbox.com/scl/fi/0kxdrall90od0p784mpbq/Mitigation-Reports-in-Capital-Cases_-Legal-and-Ethical-Issues.pdf?rlkey=r4z86eai0rlnpp6086vtepw5q&dl=0
The work Jeff does for our clients facing capital murder charges is thorough and robust. I can honestly say that Jeff's work has quite literally saved the life of my client on more than occasion. Mitigation investigation is a difficult vocation and Jeff is at the top of his game.
Jeff Wax is an exceptional mitigation specialist. I have worked with him on a number of cases and have found his diligence, thoroughness, commitment, and professionalism to be unsurpassed. Perhaps most importantly, Jeff's sophisticated skills in deeply conceptualizing a case are paramount. This prowess is critical when selecting and working with experts who are needed to assess and examine a variety of clients with severe histories of developmental trauma, mental illness, and brain injury. Jeff is remarkably responsive to every question, idea, or consideration I may have and this quality bolsters invaluable brainstorming about extremely complicated clients in the most severe criminal cases. Finally, Jeff is just a great guy and colleague.
Jeff is an excellent mitigation specialist and fact investigator. I have learned a lot from him and I enjoy collaborating with him. He's thorough in his investigations and truly understands the 'leave no stone unturned' approach. He's the first person I call when I feel like I could use a second opinion on a case or need to recommend another investigator for a case. Investigation is a difficult vocation and Jeff is at the top of his game.
Jeff is an excellent investigator! I have retained his services on several of my capital cases. His attention to detail and desire to bring the whole picture of a client's life into focus is why he is my go-to in the this field of criminal defense.
Jeff is a perfectionist at what he does. He sees the big picture and fills in the story with well documented details. He leaves no stone unturned.
I employed Jeff to conduct a mitigation investigation in a case of a juvenile convicted of capital murder. Jeff was very effective and prompt in gathering the necessary information for me. I recommend him to others looking for an experienced mitigation investigator.
To put it simply... Mr. Wax gets it done. His knowledge in mitigation and his work ethic is bar none. He will explore any and all avenues. He demonstrates exceptional compassion for the client while also being realistic about the situation. He will put in the work. There have been many times I have been able to reach plea agreements on lessers and obtain reductions of sentences (which saves the County tens of thousands of dollars avoiding a trial) thanks to his work.
I initially met Jeff ten years ago, when I solicited his help on a capital murder case I was working on at the time. I hired Jeff as my mitigation specialist. It did not take long to recognize the unique talents that Jeff possessed. Specifically, Jeff was tenacious when it came to The United States Constitution and the indelible rights encompassed within it to protect the citizens of our country. Jeff’s impeccable work ethic was also immediately apparent to me; Jeff works tirelessly to accomplish tasks. Often, in the practice of law, many people become consumed with the notoriety, power and financial enrichment that comes with it – Not Jeff! Although he is a well-known and sought after mitigation specialist, Jeff treats every client as though it is his first and last.
Jeff not only has an incredible reserve of legal knowledge, but an incisive strategic mind. He is dedicated, persistent, and is highly regarded all across the country in defense legal circles. His organizational skills are beyond compare. He is tirelessly engaged in all aspects of the legal case, and has the detail-oriented approach of a detective combined with the strategic power of a master chess player.
