What Judges Really Want to See in a Sentencing Mitigation Video
Sentencing mitigation videos are becoming more common in both state and federal courts—and for good reason. They offer a humanizing portrait of the defendant that written letters and legal briefs simply can’t match.
But a question I often hear from attorneys is:
“What do judges actually want to see in these videos?”
As someone who’s produced dozens of sentencing mitigation videos over the past decade, I’ve worked closely with defense teams to shape content that resonates. While every case is different, there are several consistent themes and elements that make a video more impactful—and more persuasive to a judge.
1. Authenticity Over Perfection
Judges don’t expect a Hollywood production. What they care about is sincerity. They want to see real people expressing real emotion—not a script or a performance.
✅ Include: Unscripted interviews with family members, friends, employers, clergy, and the defendant
🚫 Avoid: Overly polished or overly dramatic editing styles
Authenticity builds trust. The more honest the video feels, the more weight it carries.
2. Clear Evidence of Remorse and Accountability
One of the most powerful themes a video can convey is the defendant’s willingness to take responsibility for their actions. Judges want to see that the individual understands the harm they’ve caused—and that they’re actively working to make amends.
✅ Include: Personal reflections from the defendant about their mistake and what they’ve learned
🚫 Avoid: Shifting blame or making excuses
Mitigation isn’t about denying guilt—it’s about showing growth, insight, and the potential for rehabilitation.
3. Context That Paperwork Doesn’t Cover
Judges review mountains of paperwork: indictments, PSRs, letters, legal arguments. What often gets lost in all of that is the context—the story behind the crime, the environment, the family history, the trauma.
✅ Include: Background information that helps explain how the defendant reached this point
🚫 Avoid: Long-winded biographies that don’t serve the core message
The goal is to show that this person is more than the sum of their charges.
4. Support Systems and Community Ties
Judges want to know: If I grant a more lenient sentence, is this person supported? Do they have people who care about them? Are they capable of rejoining society in a constructive way?
✅ Include: Statements from family, employers, faith leaders, mentors—anyone who will help them stay on the right path
🚫 Avoid: Empty praise without substance or clear support structures
Community presence matters. It signals stability and potential for successful reintegration.
5. Brevity and Focus
Most judges are overextended and pressed for time. A video that runs too long or lacks a clear structure risks being skipped—or worse, dismissed as disorganized.
✅ Aim for: 5–8 minutes of concise, well-edited content. 15 minutes is the absolute maximum duration you should ever deliver.
🚫 Avoid: Repetition, tangents, or overly complex timelines
Think of it as a highlight reel of the most important, humanizing moments that support your legal argument.
Bringing It All Together
A great sentencing mitigation video doesn’t just recap the case—it adds dimension, emotion, and compassion. It tells a story that resonates beyond the facts and figures.
If you're a defense attorney looking to include a video in your mitigation strategy, I’d be happy to talk. I’ve produced videos for a wide range of clients across the country and can help shape a narrative that works for your case—and your judge.
📧 bendyer@illumedia.org
📍 Available to travel throughout the U.S.