The New York Times covered the work being done by Fordham Law’s Criminal Defense Clinic students, led by Professor Cheryl Bader, to bring mitigation videos to marginalized clients. A fairly recent defense effort, mitigation videos include interviews with the defendant, their family and friends, as well as social workers and psychologists that provide context about a defendant’s life and circumstances that led them to the charges they are facing. Most frequently employed by wealthy defendants in federal cases, Fordham Law is working in partnership with The Legal Aid Society to create mitigation videos for clients in state court who cannot afford these services.
Now Legal Aid and a criminal defense clinic at Fordham University School of Law are trying to create videos for the defendants they represent: people in state court who cannot afford to hire lawyers, let alone video teams. They say that of the 23 videos they have submitted to the courts so far, 16 have helped draw what they see as favorable outcomes compared with initial offers from prosecutors. They expect to submit six more this month.
“We’re trying to bring marginalized clients something that wealthier defendants who are facing charges are able to avail themselves of,” said Cheryl Bader, the Fordham Law professor who runs the clinic. “It’s a novel way of trying to advocate for clients.”