From misery to mission: forensic social workers on multidisciplinary mitigation teams.
Guin, Cecile C. ; Noble, Dorinda N. ; Merrill, Thomas S. 等
In June 2000 Feltus, age 39, was executed by the state of Louisiana after almost a decade of legal appeals. During his incarceration, social
workers took a lead role on a multidisciplinary team that pieced
together Feltus's life history and formed a lasting relationship
with Feltus. His story demonstrates how different professionals can work
together to meet legal, social, and spiritual needs of people affected
by capital cases and to help the condemned person move from misery to
mission.
Connecting the Dots: Life History and Empirical Inquiry
Louisiana, like the 37 other states that use the death penalty,
provides for the defense to develop and describe "mitigating
factors and circumstances." These circumstances, which explain how
a person found guilty of murder may have arrived at that point in life,
are identified and integrated into the guilt and penalty phase of a
capital trial. They link client characteristics and history to the
crime, ensuring that the jury may consider those characteristics when
deciding on a death penalty or a life-in-prison penalty (Gum, 2001).
Although states vary in their reliance on mitigating evidence in the
penalty phase of a capital trial, it is increasingly common for defense
attorneys to work with experts to develop extensive life histories of
people being tried for capital crimes. If factors emerging from this
life history are seen as mitigating by the jury, the law allows a life
sentence instead of a death sentence. (Conversely, the jury may view
certain factors as aggravating, or reasons that defendant should b e
condemned to death.) Mitigating factors do not excuse behavior; they
explain behavior.
Life history research is an extensive empirical inquiry into a
person's life; it is empirical in that the questions guiding the
life research are derived from domains that have been empirically linked
to how criminal behavior develops. It connects the dots between what we
know empirically about criminal behavior and what we know about the
defendant's life. Feltus's case, which we refer to throughout
the article, illustrates this linkage.
In 1991 Feltus's manager on the job fired him. What started as
Feltus's plea to be reinstated turned into armed robbery. For
reasons Feltus could never explain, during the course of this robbery,
he began shooting, leaving his manager forever paralyzed and a former
friend and coworker dead.
Feltus's case ultimately attracted national public and
professional attention. The Office of Social Service Research and
Development (OSSRD), an arm of the School of Social Work at Louisiana
State University, took a major mitigation role in the postconviction
phase of the death penalty case. Social workers with OSSRD, in tandem with other professionals on a multidisciplinary team, labored to
decipher what factors propelled Feltus to commit armed robbery and
murder on that unhappy day.
Developing a comprehensive life history depends on several critical
activities: forming a working multidisciplinary team, conducting a
thorough social history investigation, obtaining and analyzing important
records, developing a relationship with the client and his or her
family, advocating for the client and client's family, and
developing a theme linking the client's characteristics with the
crime (Alfonso & Baur, 1986; Andrews, 1991; Ashford, Macht, &
Mylym, 1987; Norton, 1992; Schroeder, 2001). How successful the
mitigation efforts ultimately are is directly related to how effectively
the multidisciplinary team develops and presents factual evidence for
jury consideration.
Importance of Factual Mitigating Evidence
Most states that allow death penalty sentences operate under a
legal statute describing allowable mitigating evidence. For example,
Louisiana Revised Statutes (LRS) Article 905.5 delineates circumstances
considered as mitigation, including
* the defendant had no prior criminal history,
* the defendant was operating under extreme mental or emotional
disturbance,
* the defendant was under domination of another person,
* the defendant believed there was a moral justification or
extenuating circumstances for his/her conduct,
* the defendant's capacity to conform his behavior to the law
was impaired by mental disease, defect or intoxication,
* the defendant was young,
* the defendant's participation was minor. (LRS Article 905.5)
In Texas the statute for considering mitigating evidence, which
developed out of the case of a mentally retarded man convicted of
killing a famous football player's sister (Penry v. Lynaugh, 1989),
focuses all mitigation on issues of moral culpability and future
dangerousness (Morrow & Morrow, 2000). Although the Texas statute
implies that mitigation is broader than moral culpability, case
decisions indicate that mitigation is typically determined on issues of
culpability (Morrow & Morrow).
Although state statutes on mitigation vary, most of them allow
evidence related to child abuse, mental illness or impairment, and the
defendant's historical link to the crime. These factors do not
excuse the crime. However, if the jury understands the link between
these factors and the crime, the jury may spare the defendant's
life, even if future dangerousness is probable. In reality, one of the
most powerful mitigating factors is the jury's lingering doubt
about the guilt of the defendant; that was not the case in Feltus's
trial.
When Feltus was arrested for murder a few hours after the shooting,
he merely hung his head and mumbled that he 'didn't mean to
kill nobody." Until his death, he never denied his guilt; he always
exhibited remorse for the shootings.
Use of a Multidisciplinary Team to Develop a Life History
Because it provides a variety of perspectives, a team approach
results in a picture of the defendant as the center of ever-widening
concentric circles of influence (that is, defendant, family,
neighborhood, school, community, society), each one having factors and
stressors that, interacting with each other, affect human development
and behavior (Miller, 1995). The life history that emerges from this
team approach is then linked to substantiated findings that illuminate
the risk factors connected to criminal behavior.
The job of the multidisciplinary team is to link the client's
history, life circumstances, and the commission of the crime accurately
and clearly. That history is often complex and reveals that the
client's behavior stems from a number of interacting factors. No
single expert can address all these factors, which is why the
multidisciplinary team is so important (Holdman, 2000). How to improve
multidisciplinary collaboration and coordination has become an important
professional topic because of the increased and improved work a
well-developed team can produce (Irvine, Phillips, Fisher, &
Cloonan, 1990; Mattessich & Monsey, 1992). In capital mitigation,
where developing a holistic individual picture of the client is vital to
accurately assess the convicted person, it is helpful to convene a team
of knowledgeable people. That individualization is extremely important
in sentencing: jurors examine legal issues to reach a verdict, but they
examine the individual in the sentencing phase.
A comprehensive life history should include the following elements:
* personality factors--Coping strategies: abilities to solve
problems, handle stress, and manage anger; feelings of self-worth,
self-confidence, and competence in social relationships; ability to
manage life survival tasks (managing money, holding jobs, etc.);
spiritual and moral perspectives (how the individual perceives his or
her responsibilities and relationships toward others and society)
* social factors--Age, gender, race, ethnicity, outstanding
physical features; geographical environment and stability of life
situation; religious beliefs and relationships, community connections,
and important friendships; and any public social services received
* health factors-Mental orientation to time, place, person, and
circumstances; health status (illnesses, injuries, disabilities, or
unusual birth circumstances); mental health status, competence, and
family history of mental concerns; and medication, substance or alcohol
abuse, and other chemical issues
* family factors--Family of origin constellation and configuration;
situations of trauma, violence, abuse and neglect; out-of-home
placement; extended family and outside relationships during childhood
and adulthood; present family constellation and configuration; number of
marriages, children, and divorces; and any traumas and violence
* education factors--Grade attainment and age-appropriateness of
school setting; level of achievement; school progress and attitude
toward learning; over or underachievement; social relationships,
behavior, and extracurricular activities in school settings; and native
intelligence and potential, mental or learning disabilities, and
documented level of intellectual functioning (such as IQ scores)
* economic and employment factors--Family income and education
levels; sources of income, types of employment, and stability of
employment; living environment and community demographics; and military
experience
* criminal factors--History of immediate and extended family
interaction with law enforcement; number and types of prior offenses;
age at first contact with law enforcement; conduct and progress during
incarcerations; understanding of legal processes and ability to
participate in defense; and perspective toward the crime (sense of
remorse, denial, or defiance) (Gum, 1991).
Sources of information are varied, but include official records and
interviews with personnel of schools, health care facilities,
correctional institutions, and churches. Relatives, neighbors, and the
defendant are critical sources of data, as was true in Feltus's
case.
Details of Feltus's birth and early life are sketchy. Born in
New York, he was abandoned by his birth parents at age 3. Whether he had
been abused is unknown, but Feltus was unable to speak and was not
toilet trained; he was very dirty and undersized for his age; and he
suffered from nightmares. He was adopted by a Louisiana couple who
reportedly abused alcohol, Feltus, and each other. The couple later
separated; Feltus's father dropped out of his life entirely, and
his mother gave Feltus to her mother when he was 13. His connections
with his mother after that time were tenuous and spotty. Feltus's
grandmother, to keep him "safe," did not allow him to leave
the home's fenced yard or to play with other children.
Feltus's social relationships were further constrained because he
had a severe speech impediment. Feltus and his grandmother had a loving
relationship, but he had few other family connections. His developmental
delays and absenteeism led to poor school performance. During his
childhood, Feltus suffered several serious blows to the head and
complained of headaches. At 18, with a fourth-grade reading level,
virtually no friendships, and a juvenile record for burglary, Feltus
dropped out of school. He would spend most of the rest of his life
behind bars.
The Forensic Social Worker on the Team
The role of the social worker in mitigation is to produce
objective, reliable information for the jury to consider. Social work,
from its genesis to the present, has had a close relationship to legal
processes and forensic work, including legal efforts to protect children
(for example, abuse and neglect, adoption and custody, child labor laws,
and youth work and juvenile probation), legal avenues to protect society
(for example, crime prevention, probation and parole, work in prison
systems, and victim protection and rehabilitation), and other legal
attempts to improve societal relationships and individual protections
(such as developing licensing laws and testifying in malpractice cases).
Through NASW and other groups, many social workers have also highlighted
prevention rather than punishment for crime; some have encouraged
society to re-examine its reliance on the death penalty.
Forensic social work is the bridge between the criminal justice
system and the mental health system (Brennen, Gedrich, Jacoby, Tardy,
& Tyson, 1986). The most important task for the forensic social
worker is to develop a trusting relationship with the client; only
through that relationship can the most intimate details of the
client's life emerge, such as the details social workers learned
from Feltus.
After dropping out of school, Feltus worked at various minimum-wage
jobs, but had limited work skills. At age 19 he committed armed robbery
and spent the next 10 years in prison. A physically slight man, Feltus
was raped early in his jail tenure and later developed sexual
relationships with other inmates, about which he always felt confused
and guilty. In prison he learned to act tough for self-protection;
consequently, he received many disciplinary write-ups for fighting. It
was also in prison that Feltus increasingly used drugs. He continued
using drugs after he returned to the civilian world, and in fact had
been using on the day he committed murder. Feltus accomplished one goal
in prison that brought him pride: he achieved the GED, although he
entered the program several times before completing it.
The social worker is the logical professional to develop the
initial social history, because he or she is educated to achieve a
holistic perspective and is trained in interviewing and therapeutic
skills. Those skills help her or him uncover many of the
defendant's pertinent life experiences and give a balanced
interpretation of how those life experiences are explained by current
theory and human behavior research (Andrews, 1991). Attorneys may not
have the time, interviewing skills, or knowledge of explanatory
literature to discover and weave together mitigating factors (Barker
& Branson, 2000). Social workers were critical in uncovering
Feltus's past experiences.
When released from 10 years in prison, Feltus returned to his
grandmother and learned that her Supplemental Security Income benefits
would be cut if he stayed. Consequently, Feltus lived mostly in an old
car, washing up at his grandmother's house. He continued to indulge
in drugs while working minimum-wage jobs and committing petty thefts to
bring in money. Although he had limited job training, Feltus was a
likeable guy and was initially an enthusiastic worker. While working at
McDonald's, Feltus met and fell in love with Martha. Their
relationship was tempestuous. Feltus spent all his money on items to
impress Martha (including a $900 necklace and a fur coat, neither of
which she liked or kept). He rented an apartment, hoping that Martha
would live with him, but when she refused, he could not pay rent or
utilities. All this increased his sense of desperation; he was working
two jobs, getting very little rest, and sometimes committing burglaries.
His emotional turmoil, lack of sleep, and drug use contributed to his
poor work, and he soon quit his job. Sister Helen Prejean (the noted
death penalty opponent and author of Dead Man Walking) and Feltus'
social workers later surmised that losing this job was a pivotal moment
for Feltus: His strong need for intimacy and love, which Martha
superficially met, would now be denied.
Other Professionals on the Team
The initial picture presented by the social worker must be
thorough. It is an integral part of the work for the next team member,
the forensic psychologist, who must decide which domains (that is,
cognitive, personality, intellectual, or neuro-psychological) to assess,
which battery of assessment tools best uncover and describe the
psychological functioning of the defendant, and which (if any)
additional medical, neurological, or psychiatric evaluations to pursue.
Psychology is a data-driven discipline that uses quantitative
methods to describe human behavior. Thus, forensic psychologists bring a
unique body of knowledge and training to the team and use that knowledge
to deepen the understanding of the history developed by the social
worker, building a robust picture of the defendant. This robust
portrayal helps those who try the facts in the guilt phase of the trial
determine the defendant's competence to stand trial and his or her
volitional and cognitive capacity at the time of the offense. In the
penalty phase, this information is presented in ways that link the
mitigating factors to the offense for which the defendant has now been
found guilty. Social workers can illuminate the "what" of a
defendant's history, whereas forensic psychologists can describe
"why" the defendant reached this point in life; the resultant
collaboration makes the convicted person more human for the jury (Bartol
& Bartol, 1987; Wagner, 1995).
Other team members contribute invaluable elements of life history.
A psychiatrist may be required to assess psychiatric illnesses, brain
dysfunctions, and drug interactions. A spiritual advisor may assess the
defendant's understanding of the nature and consequences of his
behavior. An expert in domestic violence may help sort out the effects
of family violence, and an expert in developmental disabilities may add
insight as to how a defendant perceived the world at the time of the
crime. A neurologist may provide guidance in the effects of physical
injuries and illnesses; a geneticist may speak to the effects of genetic
conditions. The team may also include family members, mental health
workers, church members, community advocates for death penalty
defendants, and students who function as researchers, social historians,
record keepers, or communication links (Reed & Rohrer, 2000). People
with expertise in almost all these areas contributed to understanding
Feltus's complex life.
After leaving McDonald's, Feltus took a job at Cajun Fried
Chicken. One day, Martha informed him that their relationship, such as
it was, was over. Feltus was so upset that he was unable to continue
working and lost his job at Cajun Fried Chicken. Distraught and under
the influence of drugs, he approached the manager to try to regain his
job. His manager offered to loan him money, but would not reinstate
Feltus. Meanwhile, another employee--whom Feltus had previously
considered a friend--heard this exchange, lost her temper, and called
Feltus some choice derogatory names. Feltus was furious. Then he saw the
safe: It was open and the money in it seemed to promise a resolution to
his problems. He went to his car, retrieved a pistol that he had
"bought off some guy on 27th Street" and returned to the
restaurant, where disaster unfolded. As a result of the events of that
day, the manager is living life in a wheelchair, and the employee who
used the unsavory descriptions is dead. Feltus was arrested in a matter
of hours and charged with first-degree murder. The district attorney
announced that he would seek the death penalty. Feltus was intensely
depressed in jail and threatened suicide. When asked to draw a picture
of his house, the house he produced was boarded and padlocked; when
asked to draw a picture of himself, he drew a body, tears seeping from
its eyes, lying in a casket.
Coordinating the Team
Defense attorneys must integrate all the findings of the mitigation
team into the facts of the case so that they can be effectively
presented to the capital jury. The rest of the team can help structure
the "telling of the story" so that it effectively communicates
how the defendant reached this point in his or her life. The clearest
rendition of the story may demand that one or more of the experts
testify, elaborating on and clarifying the life history. The social
worker is a good choice for team facilitator because of the
multidisciplinary nature of social work education. The breadth of
knowledge that is social work's domain can be critical in dealing
with a prisoner like Feltus.
Although his attorneys did not know it, Feltus was given a number
of powerful drugs on an erratic schedule before and during his trial.
During the trial, he was never given his morning dose of medication, but
sometimes at night, he was given both morning and evening doses
together, as well as occasional "sleeping pills." On trial
days, Feltus was awakened about 3:45 A.M., removed from his cell around
5 A.M., taken to Central Booking until about 7 A.M., and then taken to
the courthouse. His attorney stated that at times she had to wake Feltus
up as he sat at the counsel table. One of the social workers on
Feltus's team was a medical social worker. In Feltus's
postconviction case, this social worker, because of her training in
reviewing medical records, located a second medical log and discovered
that Feltus had not been given his medication on a regular basis during
his trial. The first log recorded when the medicine left the infirmary,
but the second log documented that the inmate was in his cell and was
obse rved taking his medicine. Feltus's second log clearly
documented "inmate in court," corroborating the social
worker's belief that Feltus's erratic behavior during trial
was linked to missed medication.
The Team Serves Diverse Functions
All team members contribute vital elements; no one discipline can
tell the defendant's complex life story. Not only does the
multidisciplinary team serve a function for the judge and jury, but it
also serves a function for the defendant and his or her family. The
defendant in a capital case has multiple needs and problems, which are
exacerbated by the stress of a potential death sentence. The
defendant's family is caught up in this terrible drama, and their
reactions often become increasingly problematic as pivotal dates of
trials, sentencing, appeals, and imposition of sentence come and go. The
multidisciplinary team can help the defendant and his or her family
understand and grow emotionally through these highly charged and often
traumatic events.
The team may also serve a function for victims' families and
survivors of the crime. The suffering of these individuals is enormous.
The mitigation team can provide information that helps victims and their
families understand why these terrible events occurred. Although this
understanding does not restore a loved one to a grieving family, it may
help the family to see the behavior as not entirely random, but flowing
out of factors that do not justify but may explain the defendant's
choices.
The victim's family endures feelings that are unimaginable to
most other people; they also suffer from great isolation. Even the
prosecution team often fails to realize this isolation and may neglect
to keep the family fully informed about legal proceedings. Because
social workers are family advocates, they often deal with the distraught
surviving victims or victims' families. When a social worker begins
the mitigation investigation, he or she may request a meeting with
family members to elicit their views on the homicide. In fact, it is
preferable to attempt family contact early in the case, under direction
of the attorney and using skills appropriate to working with victims of
severely violent crimes. That allows the social worker, when presenting
the life story in court, to intelligently answer the inquiry commonly
put to the social worker: "Have you contacted the victim's
family?" To conduct a thorough investigation, it is important,
albeit awkward, to at least advise the victim's family of the life
histo ry investigation, obtain their feedback, and provide them with an
opportunity to ask questions.
The social worker may also deal with the victim's family in
the postconviction stage. It is vitally important to assess how the
victim's family feels and explore their responses to a possible
life plea, should the postconviction process favor another guilt or
penalty phase. Many families do not want to relive the pain of another
trial. An effective victim's service agency can help mitigation
team members understand how best to deal with victim's families.
The social worker usually has contact with the victim's family
during jury deliberations. Although many jurisdictions have a relatively
secluded place to take members of the victim's family, more often
than not, the defendant's family and the victim's families are
in a waiting room together, anticipating the jury's verdict.
Because the social worker may be with the offender's family at this
time, he or she may also be the natural one to offer assistance to the
victim's family during this stressful time. For example, social
workers may comfort the victim's family during their moment of
grief after testifying. In a recent Louisiana case, when the verdict of
death was handed down, the victim's elderly grandmother went into a
diabetic-related crisis because of the high emotion. Rarely is a social
worker or advocate available for the victim's family, so social
workers on the multidisciplinary team assisted her.
Although historically this type of involvement might have been
considered a conflict, the nature of death penalty work often requires
objective oversight by an ethical social worker to ensure that both the
victim and the offender's family are treated humanely. Because
criminal prosecution and defense is adversarial, the social worker is
often the only person who is alert to the traumatic effect of the trial
on everyone: lawyers, judges, jury members, victim's family, and
offender's family. This philosophy is consistent with the
progressive move towards restorative justice, which redefines crime as
an injury to the victim and the community (Pranis, 2000). Instead of
focusing on adversarial support for the victim or the offender,
supporters of restorative justice center on peaceful resolution and
repair for all involved. Restorative justice initiatives emphasize
training for victims of severely violent crime offered by the School of
Social Work, Center for Restorative Justice and Peace, at the University
of Min nesota (Umbreit, 2001). Social workers cannot abandon their
advocacy role for the client, but they must intervene when the
adversarial nature of the justice system threatens to cause undue harm
to innocent people.
The Role of Experts
Feltus's guilt was never in question, and he was convicted.
During the sentencing phase, as his grandmother pleaded for mercy for
him, Feltus lost his composure, pounding and overturning the counsel
table in the presence of the jury. The jury sentenced him to death, a
conclusion supported by the families of both his victims. Feltus was
transported to death row at Angola (Louisiana State Penitentiary), where
he remained for the balance of his life.
The first function of the mitigation team is to compile a complete
social history. The social history guides mental health diagnosis; it
does not guarantee a certain diagnosis, and the team must be prepared
for surprises.
Any expert who is brought into a mitigation team should be chosen
for her or his specialty, not for general expertise, because the expert
may be called on to back up assertions with substance on the witness
stand. Some mitigation teams have suffered embarrassment, and the
defendant has suffered worse results, when an expert brought in by the
mitigation team turned out to be less expert than first thought; the
team should carefully check the vita, publications, and communication
skills (particularly as a witness) of any expert before contracting with
her or him. The team should beware of any expert who does not see the
need to read the social history, or who proposes to assess the defendant
in a 45-minute interview. The team also should consider the
expert's philosophy toward the death penalty versus life in prison.
Sister Helen Prejean, who was later nominated for the Nobel Peace
Prize for her death penalty work, became involved with Feltus's
case and identified the link between Feltus's deep sense of
abandonment to his insatiable need for human contact and intimacy. She
linked Feltus to a dedicated spiritual advisor from an Episcopal Church,
who became part of the multidisciplinary mitigation team. Besides that
advisor, the team included a licensed social worker (director of OSSRD
at LSU School of Social Work), another experienced clinical social
worker, a psychologist, and two postconviction attorneys. The state
provided basic mitigation funds as required bylaw, but much of the work
was offered pro bono. Through several years of communication with his
spiritual advisor, Feltus began to make peace with himself for his
actions. He began to formulate a life goal: to prevent young people from
starting down the tortured path he had traveled.
Making the Team Work Effectively
The mitigation team faces a bleak situation, where success is
measured in "life without parole" instead of
"death." For this reason, it is critical that the team members
tend to their own mental health and bolster one another's
enthusiasm and sense of mission in this work.
The team's work is aided by their being in close geographical
proximity, although in many cases, such as Feltus's, distance
between team members is a logistical barrier. Communication is critical;
because resources are usually scarce, team members must share their
knowledge and disseminate critical case information to avoid needless
duplication and work.
Angola is a vast 18,000-acre facility with six prison camps and
more than 5,000 inmates. It is bounded on three sides by the Mississippi
River and is geographically isolated. Nevertheless, the team maintained
frequent contact with Feltus. He created workbooks, a video, and (with
the help of OSSRD) an autobiography to exhort young people to avoid the
perils of drugs and crime. He became a model for other prisoners about
how to give meaning to life on death row. Although he continued to have
difficulty handling his emotions, he was able to participate
meaningfully in his defense and his fight for life.
The facilitator can help the team make sure that all logistical
issues are addressed; he or she should ensure that the defendant and all
potential mitigation witnesses have signed release-of-information forms,
and that the defendant and his or her family understand the penalty or
appeals process. Securing records can take months and sometimes years,
so the facilitator must learn the process of amassing needed records and
coordinate it as soon as possible. Jail medical records, for instance,
must be requested separately from regular jail records; special
education records and disciplinary records must be requested separately
from general education data.
Team members must be fully aware of the ethical standards of each
discipline represented on the team, because they often must grapple with
difficult ethical decisions. For instance, a defendant or informant may
share information with a single team member and ask that member to keep
it confidential. A team member may clash with the attorney's
conception of how the case should proceed. A member may become so
emotionally involved with the defendant or an informant that he or she
loses perspective and credibility. Because no ethical issue has an easy
answer, team members should consult honestly with one another to resolve
dilemmas--dilemmas that often go far beyond the cursory ethics education
presented in much of graduate education.
Pulling the Team Together
Integrating these diverse elements to reach a common goal requires
team members to invest a great deal of time and intellectual energy. The
process involves much study, reading, planning, and coordination. The
social worker is often the person responsible for pulling the team
together (Alfonso & Baur, 1986).
The team, under the guidance of the defense attorneys, must
cultivate character witnesses on the defendant's behalf, often
encouraging potential witnesses to miss work or to travel some distance
to testify for the defendant, as well as giving them considerable
communication suggestions so they can be effective witnesses. Sometimes,
however, team members may have to reconcile their desires to pursue
"slight chance" instead of "no chance" with the
defendant's decision to accept the death sentence and forgo further
legal machinations (Nelson, 2000).
The defense attorneys must be ready to educate the mitigation team
about the rules of law that apply to the case and must be willing to
share ideas with team members about how to proceed in mitigation. Team
members, conversely, can educate the attorneys about how to frame
questions to highlight mitigating factors in the defendant's
experience. Team members are uniquely qualified to provide insights
about what mitigating factors might resonate with nonlawyers, because
unless sentence is to be pronounced from the bench, nonlawyers who are
the jury members will determine the sentence.
The most important member of the team, however, is always the
defendant. The more the team can think of ways to humanize the defendant
to the judge and jury (such as by showing pictures of the defendant at
little-league games, or by showing a video of the defendant's
hometown), the more successful mitigation will be (Bright, 2000; Curtis,
2001). However, some defendants resist or sabotage mitigation team
efforts or are unable to understand the process. The more team members
can overcome resistance and respect the defendant and what he can bring
to his own defense, the more successful they will be.
One critical issue is that team members must understand the
concepts and constraints of work products, attorney--client privilege,
and confidentiality (Holdman, 2000). They must also be prepared to deal
with intragroup conflicts. And, as was true for Feltus early in his
incarceration on death row, many defendants are suicidal. The team needs
continuing education on how to deal with suicidal people.
Life on death row was always difficult for Feltus. Particularly
early in his tenure on the row, Feltus struggled with suicidal ideas.
Ultimately, however, Feltus wanted to live; he wanted mercy. For the
first time in his existence, he had some reason to live. He wanted to
work with other prisoners to improve their adaptation to prison and
encourage young people to avoid crime. The efforts of his mitigation
team lengthened his life. His date for execution was set six times; five
times it was stayed, once only an hour before execution. But after nine
years of effort, all avenues of legal remedies were exhausted, and the
team had to relinquish Feltus to death.
Although professional education can prepare social workers for many
elements of death penalty work, nothing can prepare the members of the
mitigation team for the internal conflict and emotional pain associated
with advocating for a condemned person. The social worker feels deep
sympathy for the victim's family, disappointment in what often
appears to be an unjust legal system, and heart-wrenching sadness when
saying goodbye to a condemned person.
Despite sorrow over their client's fate, the members of the
mitigation team knew Feltus had found a measure of peace in his
religious faith and in the support of those who loved him. Although both
his mother and father had died while he was in prison, his grandmother
faithfully stood by him to the end. When notified that it was time to
go, the social worker hugged Feltus, looked deeply into his eyes, and
told him how genuinely proud she was of him and his many accomplishments
during the past few years. She and the attorney watched Feltus go to the
room where he would die; despite her intense emotional pain, the social
worker knew that being a member of Feltus's team was probably her
most important career role. Feltus, as he had on many occasions, begged
forgiveness from the family of the murdered victim and from the person
who was in frail physical and emotional health as a result of
Feltus's attack. While he was being injected with lethal drugs,
Feltus received word that the surviving victim forgave him. Fel tus had
arranged (with his spiritual advisor) his memorial service, which he
wanted to be a celebration of life and of new beginnings. That service
was very emotional for Feltus's team. His transformation from a man
of misery to a man of mission inspired them to see the best in people,
even people who appear to be beyond hope.
Original manuscript received October 10, 2000
Final revision received May 25, 2001
Accepted November 27, 2001
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Cecile C. Gum, PhD, LCSW, is director, Office of Social Service
Research and Development, School of Social Work, Louisiana State
University, 311 Huey P. Long Fieldhouse, Baton Rouge, LA 70803; e-mail:
[email protected]. Dorinda N. Noble, PhD, ACSW, LCSW, is director, MSW Program, School of Social Work, Southwest Texas State University, San
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