Random Thoughts on Criminal Sentencing in the United States District Court

• NCJ Number: 81311
• Journal: Federal Probation Volume: 45 Issue: 4 Dated: (December 1981) Pages: 12-16
• Author(s): J B Craven
• Date Published: 1981
• Length: 5 pages
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

Advice for attorneys in performing their roles better during the sentencing phase of a criminal case is given by a Federal practitioner.

Abstract

Although the sentencing stage is the most interesting and meaningful part of the trial process, it has been sorely neglected. Attorneys traditionally devote proportionately less time and attention to this stage than to any other. However, judges need help in sentencing people. To help the judge and the client at the same time, attorneys must know the range of sentencing alternatives in detail, as well as the variety of correctional institutions to which the client could be sent. In this manner, the attorney could recommend both the sentence to be meted out and the type of imprisonment, if necessary. Attorneys should also establish communication with the U.S. probation officer who will be asked to inform the judge about a client's past and present and to make a recommendation as to the client's future. Presentence investigations and reports, also made out by the probation officer, can be influenced by maintaining open communications and being cooperative with probation officers. Attorneys should also make concerted efforts to formulate creative sentencing plans for their defendants. Moreover, they should avoid offering character witnesses at the time of sentencing as they are boring, a waste of time, and often counterproductive. Approaching the actual sentencing argument in an adversarial manner is not recommended, and it is suggested that attorneys be realistic in their sentencing requests. Finally, attorneys should request that their clients, if sentenced, be allowed to report on their own to the institution so as to save the clients from internment before the actual sentence begins, as well as from the long bus ride to the institution. Also, attorneys are advised not to file a motion for reduction of sentence in every case and not immediately after the sentence. No references are cited.