Includes bibliographical references (pages 281-287) and index.
Contents:
The importance of effective sentencing advocacy -- Principles of judicial advocacy -- The goals of sentencing -- Statutory and guidelines provisions -- Scope of a criminal sentence -- Sentencing advocacy before guilt determination -- Stages in the sentencing process -- Drafting of and objecting to presentence investigation reports -- Sentencing memoranda -- Preparing for sentencing hearings -- Conducting sentencing hearings -- Evidentiary sentencing hearings -- Departures for substantial assistance -- Other departures -- Variances -- Fines -- Forfeiture -- Restitution -- Supervised release -- Collateral sentencing consequences -- Argument by counsel -- Victims -- Allocution -- Imposition of sentence and judgment -- Challenging judgment before appeal -- Sentencing advocacy and the audience -- Sentencing organizations -- Advocacy in supervised release revocation hearings -- Advocacy in probation revocation hearings -- Conclusion : final observations about sentencing advocacy.
Summary:
"To ensure a fair criminal trial, effective sentencing advocacy is needed in every stage of prosecution, from investigation through plea, trial and sentencing hearings. With fewer criminal cases proceeding to trial, advocacy is increasingly critical for both prosecutors and defense attorneys and can determine whether or not a defendant receives an appropriate sentence. Here is a volume that comprehensively describes the steps to effective sentencing advocacy, addressing not only terms of imprisonment or probation, but fines, forfeiture, restitution and other collateral sentencing consequences. It emphasizes approaching sentencing advocacy holistically, treating it as a key component of attorney advocacy in every criminal case. Covering the fundamental sentencing procedures and concepts, it describes where and how attorneys can use advocacy to advance their clients' goals. It also explains aspects of sentencing that otherwise may appear too complex to a novice criminal practitioner. Importantly, this is not a book on sentencing law, although it addresses legal sentencing issues as they pertain to sentencing advocacy. Rather, the focus is on teaching attorneys how to use advocacy to achieve the best sentence for their clients"-- Provided by publisher.
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.