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Shayla & DeVonna Ages 14 & 15

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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Shayla & DeVonna Ages 14 & 15

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

  2. Shayla & DeVonna Ages 14 & 15

  3. Most Damaged Commit Most Serious Crimes

  4. Brain Development + Individual MH Issues

  5. Looks can be Deceiving

  6. “Cloak of Competence” • Clients “Look Normal” • “Seem Normal” in jail meetings • Pretend to Understand • Phenomenon of masking & passing

  7. Expert Evaluations Beware of prior “drive-by” evaluations Need accurate, corroborated opinion 3 generations of history

  8. Immediate Family Patrick Sherri Timothy Steven Sean

  9. 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

  10. “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

  11. Miller v. Alabama • Lack of maturity • More vulnerable to negative influences family, peers, environment • Character not as well- formed possibility for change, rehabilitation

  12. Where & How to Look

  13. Go Beyond Client For Information

  14. Columbia Training School

  15. Englewood High School

  16. Rules of the Road

  17. 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

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

  19. The Forgotten & The Unspeakable

  20. Break Down Barriers

  21. Common Barriers • Shame • Fear • guilt • Embarrassment • Mental Illness

  22. Jogging Memories & Earning the Right to Hear the Stories

  23. Unlocking Memories Photos Contact visits with key persons Artifacts Journals Yearbooks

  24. Discover the Story & The Backstory

  25. Initial Interview

  26. One on One, Multiple Interviews

  27. Face to Face, In Person

  28. Why One on One, Face to Face? • Build trust & rapport • Subtle cues • Environment & Neighborhood • Releases • Photos, records, certificates, trophies

  29. Multi-Generational Records to Collect • Birth, & death • Marriage & divorce • Medical • Psychiatric • Military • Criminal history • Social security earnings & SSI • School • Alcohol/drug addiction

  30. Absent Biological Parents • Remote & Estranged Family Members

  31. ADOPTION • Genetic predispositions • Pregnancy & delivery

  32. 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

  33. Where They Are Now DeVonna: Mother, hairdresser in Las Vegas Shayla: in transition

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