Post-Conviction Lawyering in White Collar Cases

• NCJ Number: 93222
• Date Published: 1981
• Length: 301 pages
• Corporate Author: Practicing Law Institute
• Sale Source: Practicing Law Institute
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: Litigation and Administration Practice Series, Criminal Law and Urban Problems Course Handbook Series, number 120. Prepared for distribution at the Post-Conviction Lawyering in White Collar Cases Program, January-February 1981

Annotation

This guide for defense counsel in pursuing postconviction client interests in white-collar cases focuses on dealing with the probation department, dealing with the prosecutor, defense presentation to the court at sentencing, and postconviction motions.

Abstract

Guidance for dealing with the probation department is related primarily to the development of the presentence report and considers such issues as the preparation of the defendant's questionnaire and verification of the essential bases of the report. Issues pertaining to dealing with the prosecutor on postconviction matters include cooperation and guilty pleas, the prosecutor's sentence recommendation, the attitude of the prosecutor toward regulatory agencies or licensing bodies, restitution, the prosecutor's sentencing memorandum, statements by the prosecutor, the defendant's sentence memorandum, publicity, bail on appeal, and surrender. Defense counsel responsibilities at the sentencing hearing relate to preparing the sentencing memoranda; addressing the presentence report; dealing with all factors having a bearing upon determination of sentence, including the client's background, comparisons with other sentences, and alternative sentences; and constructing counsel's oral argument and the defendant's statement at sentencing. Postconviction motions include motions for new trial, the reduction or modification of sentences, and stays pending appeal and bail motions. There are also postconviction motions that pertain to pardon and parole. Defense counsel concerns with aspects of incarceration include the assignment of the defendant to an appropriate prison and dealing with the Bureau of Prisons. Recent publications included in the presentation discuss an empirical and legal analysis of the disclosure of presentence reports in Federal courts and structural crime and institutional rehabilitation -- a new approach to corporate sentencing. The program schedule and facility for the workshop at which the material was discussed are presented.