Question: How can a Mitigating Factors Evaluation help my case?  

Answer:  Often there are times when the defendant’s mental disorder does not meet criteria for a Guilty but Mentally Ill (GBMI) defense. Nevertheless, the individual’s life history and current functioning are still relevant to their defense. In these instances, a mitigating factors psychological evaluation is helpful. A mitigating factors psychological evaluation is helpful in every aspect of the case: in plea negotiation; case review; pre-sentencing; and appeals. These evaluations help defense attorneys and courts recognize those factors impacting the person’s judgment, perception, or intent at the time of the crime. The evaluation often includes a violence risk assessment, and treatment recommendations, where treatment is aimed at reducing the likelihood of recidivism.

Relevant Caselaw

In Hamblin v. Mitchell, 335 F.3d 482 (6th Cir. 2003), the Sixth Circuit Court of Appeals reversed the decision of a lower court because defense counsel did not thoroughly investigate the individual’s mental history in preparation for sentencing.  The court affirmed that such investigation should include members of the defendant’s immediate and extended family; medical history; and family and social history (including physical and mental abuse, domestic violence, exposure to traumatic events and criminal violence).  See also Wiggins v. Smith 539 U.S. 510 (2003) and Bigby v. Dretke 402 F.3d 551 (5th Cir. 2005).

Question: Do you conduct Court Ordered Evaluations?

Answer: Yes, Gale Forensic Psychology performs a variety of psychological evaluations court ordered by the Indiana judicial system. Potential evaluations from other states will be considered on a case-by-case basis.

Question: Do you conduct other Psycho-Legal Case Consultation?

 Answer: Yes, Gale Forensic Psychology can help your case in a variety of ways. Call 317-342-9502 or email today for a FREE discussion of how Dr. Deloney can help your case.