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Shayla & DeVonna Ages 14 & 15 - PowerPoint PPT Presentation


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Discovering the Stories Miller v. Alabama Invites us to Tell Juliet Yackel Attorney & Capital Mitigation Specialist. Shayla & DeVonna Ages 14 & 15. Most Damaged Commit Most Serious Crimes. Brain Development + Individual MH Issues. Looks can be Deceiving. “Cloak of Competence”.

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slide1

Discovering the Stories Miller v. Alabama Invites us to TellJuliet YackelAttorney & Capital Mitigation Specialist

slide4

Most Damaged

Commit

Most Serious Crimes

slide5

Brain

Development

+

Individual

MH Issues

cloak of competence
“Cloak of Competence”
  • Clients “Look Normal”
  • “Seem Normal” in jail meetings
  • Pretend to Understand
  • Phenomenon of masking & passing
expert evaluations
Expert Evaluations

Beware of prior “drive-by” evaluations

Need accurate, corroborated opinion

3 generations of history

immediate family
Immediate Family

Patrick

Sherri

Timothy

Steven

Sean

4 generations
4 Generations

Charles

Bertha

John

Pansy

Tina Roberta

Edith

Marvell

Marlow

John

Britt

Jane

Michael

Mary Jane

Mark

John

Sherri

Britt

Susie Melody

Heather

Tommy

Timothy

Steven

Sean

Robert

Jeff

Michael

slide13
“Creating a competent and reliable mental health evaluation…is a time-consuming and expensive process…

Counsel must compile extensive historical data...”

Commentary, ABA Guideline 4.1

miller v alabama
Miller v. Alabama
  • Lack of maturity
  • More vulnerable to negative influences

family, peers, environment

  • Character not as well- formed

possibility for change, rehabilitation

slide16

Go Beyond Client

For Information

standard of care
Standard of Care

ABA Guidelines for the Appointment & Performance of Defense Counsel in Death Penalty Cases

Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases

key principles
Key Principles
  • 3+ generations: records
  • Multiple in-person, one-on-one, face-to-face interviews
  • Culture, Community & Institutions
slide22

The Forgotten

&

The Unspeakable

common barriers
Common Barriers
  • Shame
  • Fear
  • guilt
  • Embarrassment
  • Mental Illness
slide25

Jogging Memories

&

Earning the Right to Hear the Stories

unlocking memories
Unlocking Memories

Photos

Contact visits with key persons

Artifacts

Journals

Yearbooks

slide27

Discover the Story

&

The Backstory

why one on one face to face
Why One on One, Face to Face?
  • Build trust & rapport
  • Subtle cues
  • Environment & Neighborhood
  • Releases
  • Photos, records, certificates, trophies
multi generational records to collect
Multi-Generational Records to Collect
  • Birth, & death
  • Marriage & divorce
  • Medical
  • Psychiatric
  • Military
  • Criminal history
  • Social security earnings & SSI
  • School
  • Alcohol/drug addiction
slide33

Absent Biological Parents

  • Remote & Estranged Family Members
adoption
ADOPTION
  • Genetic predispositions
  • Pregnancy & delivery
possible themes
Possible Themes
  • Mental Illness: undiagnosed, untreated, improperly treated
  • Abuse: sexual, mental, physical, emotional
  • Damaging Developmental Factors & DOJ Risk Factors
  • Corruptive Influences: family, peers, community
  • Systemic Failure:schools, social services, courts
  • Capacity for Rehabilitation & Concrete Release Plan: treatment, placement, supports
where they are now
Where They Are Now

DeVonna:

Mother, hairdresser in Las Vegas

Shayla: in transition