NCJ Number
118842
Journal
Federal Probation Volume: 53 Issue: 2 Dated: (June 1989) Pages: 18-27
Date Published
1989
Length
10 pages
Annotation
This article discusses the duties and responsibilities of defense counsel in effectively representing clients in all phases of the criminal process under the Federal system of guideline sentencing.
Abstract
Defense counsel is instructed in techniques for arguing for a departure from the guidelines that will lessen the sentence. Ways to counter the prosecutor's efforts to increase the sentence based on aggravating factors are also considered. The discussion addresses the negotiation of effective plea agreements under the Federal sentencing guidelines. Consideration of pretrial, presentence, and sentencing litigation issues covers the preindictment or preadjudication assessment of the impact of sentencing guidelines on any sanction to be imposed, pretrial discovery relevant to sentencing, and presentence procedures. Instruction on sentencing procedures and motion practice under the sentencing guidelines addresses presentence investigation report disclosure, administrative dispute resolution with opposing counsel and the probation officer following presentence investigation disclosure, and the burden of proof and production at sentencing. 19 footnotes.