Mitigation as Counter Strategy: The PSR in Child Porn Cases

Mitigation as Counter Strategy: The PSR in Child Porn Cases

Introduction

BACKGROUND This paper will examine and critique the Presentence Investigation Report (PSR) with a special focus on child pornography cases as a way to highlight the major concerns in the advocacy process. At the outset, I must state that as a mitigation expert I have never seen a PSR that fully and accurately reflects the client’s psychosocial background, clinical needs, or legal issues. This paper will, therefore, examine why the PSR is crucial in the advocacy process, the content of the PSR, what tools can be used as counter-measures to critique the PSR, and the mitigation challenges in the process. I argue that the mitigation evaluation and report serve as a crucial corrective and counterbalance to the PSR.

By Mark S. Silver

THE LOSS OF EVIDENCE REVIEW AND APPEALS There has been a fundamental shift in power from the tripartite system of judge, prosecutor, and defense lawyer to a unilateral system in which the prose

cutor acts as prosecutor, judge, and jury while the judge twiddles his thumbs bored in an empty courtroom, especially in the Federal judiciary. This has had a major impact on evidence. Law school requires an entire course on evidence for