How Sentencing Mitigation Videos Help Humanize Defendants in Court
When I first heard about sentencing mitigation videos—sometimes called leniency videos—I was surprised to learn they’re admissible in court. Since then, I’ve produced around a dozen of them, and their popularity among attorneys is steadily growing. To me, they seem like the natural evolution of sentence mitigation strategies in our video-first world.
What Is a Sentencing Mitigation Video?
These videos come into play after a defendant has been convicted and is awaiting sentencing. Traditionally, family members, friends, colleagues, and therapists might write letters to the judge, asking for leniency. But in today’s digital age, handwritten letters can feel outdated—and let’s face it, reading through dozens of them can become a tedious task.
A short, well-crafted video, on the other hand, offers a compelling alternative. In the time it takes to read a single letter, a judge could finish an entire video. And unlike a stack of similar-sounding letters, a video offers emotional depth and nuance. It allows the judge to absorb the message at their own pace—whether in chambers or at home. It’s convenient, personal, and powerful.
The Power of Visual Storytelling
There’s something essential about seeing emotion on the faces of the people who care deeply for the defendant. During interviews, I often start with a neutral or even skeptical impression of the case. But as the process unfolds—as I hear stories, understand context, and watch loved ones express their hopes—I inevitably find empathy. And that’s the feeling I aim to convey to the judge.
A sentencing mitigation video tells a more complete story. It presents the defendant not just as a name on a case file or a criminal conviction, but as a human being. Someone with a past, a family, and often, a future worth fighting for. Sometimes that person made one tragic mistake. Other times, they were shaped by a life of trauma, poverty, or bad influences. In either case, showing the person behind the paperwork can be transformative.
When These Videos Make Sense
Of course, mitigation videos aren’t appropriate for every case. If a defendant shows no remorse, has a long history of repeat offenses, or demonstrates no willingness to change, a video may not help much. But for someone who slipped up, got involved with the wrong crowd, or simply needs a second chance—these videos can make a world of difference.
They add shades of gray to what may otherwise appear black and white. They soften the harshness of a conviction by highlighting the humanity behind it. And when done well, they can play a meaningful role in helping the court consider a more compassionate sentence.
Want to Learn More?
If you’re an attorney—or a family member of someone awaiting sentencing—and you’d like to explore how a mitigation video could help, I’d be happy to walk you through my process. Feel free to reach out at bendyer@illumedia.org.