A Sub-Cultural Mitigation Defense: Explaining Behaviors Scripted From Ideas

Abstract

In this paper, I examine the role of a sociologist as a mitigation expert in two cases of violent crime. Both cases used a subculture of violence defense. Case I involved a young black male defendant and a white victim who wasan on-duty police officer. In Case II both victim and defendant were young black males. What makes these cases similar is that both involved a cultural defense in the sentencing phase. The author of this paper, testified at both of these sentencing hearings. The author is a Professor of Sociology, at the University of Louisiana at Lafayette. He has worked on over 300 violent crime cases since 1988, most of which were capital murder, but also include second degree murder, manslaughter, armed robbery, rape, and habitual offender hearings.