Capital Trafficking Cocaine (cont’d)
The role of the criminal defense lawyer during the penalty phase of a capital trafficking in cocaine is obvious… to minimize/counter the aggravating circumstances and maximize the mitigating circumstances. Presenting mitigating factors is a fluid task, meaning it can vary from case to case and defendant to defendant. This information can include facts about the defendant’s personal life, family history, as well as the case facts, the actions of co-defendants, and whether the defendant was a primary or secondary actor.
Pursuant to Florida Statute 921.142(7), mitigating factors to be considered include the following:
- The fact that the defendant has no significant criminal history.
- The fact that the capital trafficking in cocaine or felony murder was committed while the defendant was under the influence of extreme mental or emotional disturbance.
- The fact that the defendant was an accomplice in the capital trafficking in cocaine or felony murder and his/her role in the offense was relatively minor.
- The fact that the defendant was under extreme duress or under the substantial domination of another person.
- The fact that the defendant’s capacity to appreciate the criminality of her/his conduct or to conform her/his conduct to the requirements of law was substantially impaired.
- The defendant’s age at the time of the offense.
- The defendant could not have reasonably foreseen that his/her conduct, in the course of the commission of the capital trafficking in cocaine or felony murder would cause or create a grave risk of death to one or more people.
- The existence of any other factors in the defendant’s background that would mitigate against imposition of the death penalty.
When a criminal defense lawyer takes on a death penalty case, he/she should begin building a case for mitigation from day one. As has been mentioned previously, a criminal defense attorney must be extremely through in his/her investigation of his client’s life.
No aspect of the client’s life should be left to chance and remain uninvestigated. During the criminal defense attorney’s investigation of the client’s background, the more information that is collected, the better. If the client’s case does eventually reach the penalty phase, it will be necessary to paint a picture of the client’s life to the jury, assuming this is helpful. Again, the overriding idea is to put forth any and all evidence that will mitigate against the imposition of the death penalty in favor of life.