22. Mitigation Strategy

When a judge sentenced me to 45 years in prison, I faced consequences that would extend across decades. My decisions had brought me into that courtroom. I could spend my days wishing I had chosen differently, but regret would not recover the years ahead. I needed to accept my changed circumstances and decide how I would respond.

Think about restoring a building with a damaged foundation. Before beginning repairs, a builder must understand what caused the damage, assess the structure, and determine what the building must support in the future. Each repair needs to fit that larger plan.

When a person goes into the criminal justice system, it’s good to reflect on the decisions that led to the current predicament. Start with questions:

• What influences and decisions had led me to prison?
• What could I do to atone, contribute, and prepare for the responsibilities I would eventually face?
• How does the judge presiding over my case view me?
• In what ways will staff members in prison judge me?
• If I don’t build a new story, what will the probation officer that oversees me during Supervised Release think of me?
• If I want to apply for a sentence commutation, how will the record I build advance me as a candidate for clemency?

Those questions can help a person think about and develop a comprehensive mitigation strategy. That strategy should serve every part of the journey, strengthening it along the way.

Understand the Whole Challenge

A sentence of one year, ten years, or twenty years creates circumstances a person must learn to navigate. Family relationships change. Pathways to earning a living may change. Skills may become outdated. The people who have authority or influence over your life will know about the conviction, but what will they know about how you responded? In what ways will your response advance you as a candidate for a better opportunity?

Before sentencing, fear can make the potential prison term seem like the entire problem. Once in prison, a person may focus on getting through each day. Both reactions can lead to wasting time. Yet time is your non-renewable resource. Build a plan that shows how you’re making the most of the time that you have. If designed effectively, your plan will show your commitment to success, making it self-evident. An effective strategy will advance you as a candidate to get the result you want.

When I speak about a comprehensive mitigation strategy, I mean a plan that considers the person’s current circumstances and the life the person wants to build. The strategy addresses past decisions, steps toward atonement and reconciliation, and preparation for future opportunities.

• A person approaching sentencing may begin with reflection. Your reflection should help you write an effective narrative. That is one step in the plan.
• Another step in the plan will be to develop a campaign to get character reference letters, with a goal of showing the judge that you are more than what the prosecutors present.
• Another step will be to articulate your plan, showing that you understand the predicament you’re in, but also that you’re capable of working your way to climb out from the depths of despair. Your plan should lead to action, which leads to milestones, which leads to new opportunities.
• As a result of the mitigation strategy, you will build support, perhaps even secure a job offer before you conclude your sentence. That plan can lead to more support, and influence the way stakeholders will view you.

If you’re going into the criminal justice system, the time is now to think about how you’re going to get out. What will be different? If you want people to see you as something different than what your Presentence Investigation Report reveals, then show how you’re building.

• What do you want to accomplish?
• What would help another person have confidence in you?
• What could you begin doing today to develop that confidence?

Connect Preparation With Evidence

The documents we discussed in earlier lessons help you explain the work behind your strategy. Your personal narrative describes your experiences, decisions, and lessons. Character reference letters allow others to describe what they have observed. Your release plan connects goals with actions and a schedule for reviewing progress.

We developed the Profiles section of Prison Professors to help people elaborate on that preparation. A biography provides context. Journals describe decisions and progress. Book reports explain what a person learns and how those lessons apply. Describe the life you want to live, identify obstacles, and choose small steps you can take with the resources available.

Review your progress regularly. What did you learn? Which action brought you closer to a goal? What needs to change? Use those answers to develop the next part of your plan.