NCJ Number
84445
Date Published
Unknown
Length
0 pages
Annotation
The lecturer reviews and interprets Federal rules and statutes (Rules 32 and 35, Title 18, etc.) on sentencing in Federal courts to aid attorneys in serving their clients.
Abstract
Attorneys should prepare for the sentencing hearing and thoroughly understand the rules governing this vital procedure. Under the Federal Rules of Procedure, Rule 32 provides for sentencing without unreasonable delay and the defendant's right of allocution. It also stipulates notification of the right to appeal, which is incumbent upon the prosecution if the case is not later to be lost on this technicality. Rule 35 delineates the conditions for correction or reduction of a sentence. To properly represent the Government, the prosecutor should be aware of the Title 18 (3577) statute, which places no limitation on the information that can be imparted about defendants at sentencing hearings. Among the codes providing sentencing options for Federal judges is Title 18 (3651) -- th probation statute, including the split sentence alternative and the 5-year maximum length of probation (enabling a sentence of 5-years' probation for misdemeanors). Recourse to the Youth Corrections Act may be advantageous for defendants under age 26 because it allows Federal judges to segregate youthful offenders from other criminals, thus enabling a sentence to a nontraditional youth correctional facility. The law also allows for the possibility of a vacated sentence, immediate eligibility for parole, and psychological study before final sentencing. Parole regulations can be used when plea bargaining (e.g., by providing a shorter minimum time before parole eligibility). Attorneys should also inform defendants pleading guilty of the drug abuse law's special parole provision (calling for parole to begin at the end of the prison sentence).