Top 5 Mistakes to Avoid When Submitting a Sentencing Mitigation Video

A sentencing mitigation video can be a powerful tool—one that adds context, emotion, and humanity to your client’s case. But like any legal strategy, it needs to be executed thoughtfully and professionally.

As someone who’s produced dozens of these videos for attorneys across the U.S., I’ve seen what works—and what doesn’t. Below are the top 5 mistakes to avoid when creating or submitting a mitigation video, especially if you want it to make a real impact in court.

1. Using Poor Quality or Amateur Footage

A sentencing video is not the place for shaky phone footage, awkward Zoom interviews, or overly dramatic editing. Judges have seen professionally produced content in other contexts, and they expect the same level of care here.

👉 A poorly made video can feel disrespectful to the court or even diminish the seriousness of the case.

Solution: Work with someone experienced in documentary storytelling, who understands the tone and standards appropriate for court submission.

2. Failing to Focus on the Right Story

Not every detail of the defendant’s life is relevant—or helpful. A common mistake is including too much backstory, irrelevant anecdotes, or material that doesn’t support the main theme: Why this person deserves compassion, consideration, or a second chance.

👉 Wandering off-topic can weaken the message and confuse the judge.

Solution: Keep the narrative focused. The video should complement the legal argument and align with the tone of the sentencing memorandum.

3. Over-Scripting or Manipulating Emotion

Judges are incredibly perceptive. They can tell when something feels rehearsed, manipulative, or emotionally forced. If a video comes off as inauthentic, it could do more harm than good.

👉 Manufactured emotion can erode credibility.

Solution: Conduct natural, unscripted interviews. Let people speak from the heart, and let the emotion come through organically. The goal is honesty, not performance.

4. Neglecting to Consult With the Attorney Early

A sentencing video should never be created in isolation. It needs to support and fit within the broader defense strategy. Waiting until the last minute or working without attorney input can lead to misalignment—or even legal missteps.

👉 Timing and strategy are everything in mitigation.

Solution: Involve the attorney early. From identifying the right people to interview, to understanding the court’s expectations, collaboration is key.

5. Sharing Sensitive Content Publicly

These videos often include highly personal stories, mental health discussions, addiction history, and emotional testimonies. Sharing them publicly (even for marketing purposes) can breach client trust or create legal complications.

👉 Oversharing undermines the private nature of the case.

Solution: Always handle content with discretion. I do not share videos publicly, but provide private samples upon request to interested attorneys.

In Summary

A sentencing video can elevate your client’s case—but only if it's done right. Avoiding these five common mistakes ensures your video adds credibility, compassion, and clarity to your defense strategy.

If you're curious about whether a mitigation video is appropriate for your case—or want to see a private sample—feel free to reach out.

📧 bendyer@illumedia.org

📍 Based in the U.S., available to travel anywhere nationwide.