Session Information
AALNC 2008 National Educational Conference
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241: Rompilla v. Beard: New Opportunities for the Legal Nurse Consultant
Track
:
Forensics
Program Code:
241
Date:
Thursday, April 10, 2008
Time:
4:15 PM to 5:15 PM
EST
Location:
Meeting Room 5-6
SPEAKER
(S):
Brenda Ewen, MSN, RN, D-ABMDI, CFC
Description
Learning Objectives:
1. Define the LNC's role in capital case mitigation.
2. Describe five potential sources of mitigating evidence.
In Rompilla v. Beard the Supreme Court expanded the duty of the defense to investigate a capital defendant's background at both trial and on post-conviction review. It is no longer sufficient to present anecdotal evidence about school or behavioral problems or abusive childhoods. Capital case mitigation preparation now requires investigation into healthcare issues which may cause cognitive deficits such as prenatal care, prenatal substance abuse and exposure to circumstances and substances affecting brain development or damage. Psycho-forensic evidence is critical in the case for life. Knowledge of legal and healthcare systems and expertise in interview and documentation skills allow the LNC to assist in the thorough development of the mitigation case. LNCs can provide attorneys with the knowledge and skills, as well as the critical record analysis, to translate those records into words and exhibits that will resonate with a jury.
1. Define the LNC's role in capital case mitigation.
2. Describe five potential sources of mitigating evidence.
In Rompilla v. Beard the Supreme Court expanded the duty of the defense to investigate a capital defendant's background at both trial and on post-conviction review. It is no longer sufficient to present anecdotal evidence about school or behavioral problems or abusive childhoods. Capital case mitigation preparation now requires investigation into healthcare issues which may cause cognitive deficits such as prenatal care, prenatal substance abuse and exposure to circumstances and substances affecting brain development or damage. Psycho-forensic evidence is critical in the case for life. Knowledge of legal and healthcare systems and expertise in interview and documentation skills allow the LNC to assist in the thorough development of the mitigation case. LNCs can provide attorneys with the knowledge and skills, as well as the critical record analysis, to translate those records into words and exhibits that will resonate with a jury.
This session is a part of: