Counsel's Obligation to Investigate a Developmental Disorder as Mitigating Evidence

Journal of the American Academy of Psychiatry and the Law

article

Daniel Nicoli¹  Joseph Chien¹ 

[1] Department of Psychiatry Oregon Health and Science University Portland

关键词: fetal alcohol syndrome;    penalty mitigation;    ineffective assistance;   

DOI  :  10.29158/JAAPL.200045-20

学科分类：儿科学

来源: American Academy of Psychiatry The Law

【 摘 要 】

fetal alcohol syndromepenalty mitigationineffective assistanceFailure to Investigate Fetal Alcohol Syndrome as Mitigating Evidence in a Capital Case Constitutes Ineffective AssistanceIn Williams v. Stirling, 914 F.3d 302 (4th Cir. 2019), the Fourth Circuit Court of Appeals considered whether counsel's failure to collect evidence that Mr. Williams had fetal alcohol syndrome (FAS) or to consider its resulting import as part of the mitigation strategy constituted ineffective assistance of counsel. The Fourth Circuit ruled that known diseases causing permanent neurological damage, such as FAS, have the potential to constitute mitigating evidence and that failure of counsel to investigate such diseases, when evidence is reasonably available, constitutes ineffective assistance.

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