Working PIby Derrick St. Fort, Mitigation & Justice
In recent years, the use of mitigation in the criminal justice system has gained increasing attention, becoming a crucial element in criminal and civil cases. Traditionally, mitigation has been primarily associated with defense attorneys and mitigation specialists; however, private investigators (PIs) are increasingly recognizing the importance of adopting these skills. As the demand for mitigation strategies grows, PIs can expand their value by incorporating mitigation techniques into their practice, offering attorneys a more holistic approach to building cases and achieving more favorable outcomes for clients.
Mitigation in the Justice System
Mitigation in the context of criminal justice refers to the process of gathering and presenting information that humanizes a defendant, explaining the factors that contributed to their actions. It offers insight into the circumstances that shaped a defendant’s behavior—such as trauma, addiction, mental health issues or socioeconomic factors—without excusing the crime itself. Rather than seeking to justify unlawful actions, mitigation seeks to provide context and advocate for more lenient sentencing or alternative resolutions.
As attorneys increasingly rely on mitigation in a variety of cases, private investigators are uniquely positioned to assist in this effort. With their skills in uncovering hidden details, PIs can help build a full picture of the client’s background, identifying and documenting the key factors that influenced the defendant’s actions. Importantly, the application of mitigation has broadened beyond criminal defense, with its relevance expanding to civil cases.
An Expanding Role
Mitigation was once seen as a tool primarily used in capital cases, where the goal was often to secure a life sentence over the death penalty. However, this is no longer the case. Mitigation has become a key component in defense strategies for a wide range of criminal cases, from misdemeanors to felonies. Studies have consistently shown that juries and judges are more likely to issue lenient sentences when they are presented with a clear narrative explaining a defendant’s life circumstances. This can make the difference between incarceration and probation, or between a lengthy prison sentence and a shorter, more rehabilitative one.
As mentioned above, the application of mitigation is also being used in civil matters such as personal injury cases, workers’ compensation claims, and child custody disputes. In these situations, mitigation might help explain a person’s emotional distress, the impact of an injury on their livelihood, or other background information that can justify damages or liability. By gathering a comprehensive picture of the affected party’s background, private investigators can provide attorneys with the tools they need to craft compelling arguments in court.
For PIs, the ability to gather relevant and sensitive information through interviews with family members, employers, medical professionals and others can significantly enhance the effectiveness of an attorney’s mitigation strategy. As civil litigation increasingly incorporates mitigation, private investigators who develop expertise in these areas will find themselves in greater demand.
(story continues)
The Value of Mitigation Skills
Mitigation requires a nuanced understanding of psychology, sociology and human behavior—areas that many private investigators are already familiar with through their investigative work. By learning how to apply these insights effectively, investigators can broaden their scope and significantly improve the outcomes of their cases. As mitigation becomes more central to legal strategies, private investigators who can offer mitigation expertise will not only meet rising demand but also position themselves as invaluable assets to attorneys.
Private investigators are already experts in gathering facts, conducting interviews and reviewing records, but learning mitigation adds another layer of value to their services. For example, in criminal cases, investigators can help develop a deep understanding of the defendant’s background, finding details about their upbringing, relationships, mental health or community environment that could sway a judge or jury. Similarly, in civil cases, investigators can use mitigation to provide insight into a plaintiff’s psychological, emotional or physical state, making the case for appropriate damages or compensation.
The integration of mitigation skills into private investigation practices allows for a more comprehensive approach to building legal cases. Investigators who embrace this shift can work alongside attorneys to not only uncover facts but also build persuasive narratives that reflect the complexities of their clients’ lives. This collaborative approach makes for stronger, more informed legal strategies, whether in criminal or civil cases.
Future of Mitigation Investigations
The growing importance of mitigation in legal proceedings means private investigators have a significant opportunity to expand their services. As the criminal justice system increasingly moves toward rehabilitative and restorative models, mitigation will continue to play a central role in achieving favorable outcomes. A growing body of research shows that defendants who have mitigation evidence presented on their behalf are more likely to receive reduced sentences or alternative forms of punishment, such as probation or community service.
The integration of mitigation skills into private investigations is not just a trend but an inevitable progression. By developing expertise in this area, PIs can establish themselves as indispensable contributors to the legal process. This not only improves their own professional opportunities but also enhances the fairness and effectiveness of the justice system as a whole.
Moreover, the use of mitigation is poised to expand even further into civil litigation. Investigators who are proactive in embracing this shift can build stronger relationships with attorneys, positioning themselves as essential partners in delivering comprehensive case outcomes.
Conclusion
Mitigation is no longer a tool used solely by attorneys or mitigation specialists, nor is it limited to capital criminal cases. Today, mitigation plays a crucial role in a wide range of legal matters, including misdemeanor and felony cases, child welfare cases, civil litigation, and many other areas of law. This expanding use reflects a growing recognition of the importance of understanding and addressing the underlying circumstances of individuals involved in legal disputes.
The rise of mitigation in criminal and civil cases underscores the need for private investigators to learn and integrate these skills into their practice. By doing so, PIs can increase their relevancy, add value to their services, and help create more balanced and informed legal outcomes. The future of legal investigation is clear: Mitigation is here to stay, and private investigators who embrace this innovation will thrive in the evolving legal landscape.
About the Author
Derrick St. Fort is a skilled Mitigation Specialist and the founder of Mitigation & Justice. As a licensed Private Investigator and board-certified Criminal Defense Investigator, he has 19 years of experience in state and federal cases. He holds a bachelor’s degree in criminology and a master’s degree in social work from Florida State University. He offers insight into the role of mitigation, investigative tips, and second chances in the justice system via Instagram, TikTok, and YouTube (@MitigationAndJustice).
We’re always listening. Send your story submission/idea to the Editor: kendra@orep.org.
