NCJ Number
141847
Journal
Trial Volume: 29 Issue: 3 Dated: (March 1993) Pages: 52-57
Date Published
1993
Length
6 pages
Annotation
Although the Federal sentencing guidelines have limited judicial discretion, defense attorneys can work within the guidelines to show extenuating circumstances.
Abstract
Although the mandatory guidelines establish sentences based almost solely on the offense and prior criminal history, they allow extenuating or mitigating circumstances to be considered. The harsh mandatory guidelines are not benefiting society as much as a more compassionate system of justice would. Thus, defense attorneys should recognize that many offenders are ordinary people who became involved in bad situations for reasons beyond their control and who have significant potential for rehabilitation. The crucial issues in many of their backgrounds may include childhood abuse, alcoholism or drug dependence, severe emotional disorders, or problems in struggling with cultural identity. Therefore, every available avenue should be used to humanize the offender to the court. The probation officer is an important conduit for this information. Character reference letters from reputable citizens, any past achievements, charitable or community involvement, or other such activities should be noted to the probation officer and the court. The attorney should gather background information from the defendant's spouse, children, relatives, employers, business associates, and friends. Because probation officers have large caseloads, the attorney should also obtain all school, military, medical, and employment records and verify the information in them. The attorney's focus should be on directing the client to appropriate support and treatment. Community service is an attractive sentencing alternative for attorneys to pursue, particularly for clients with special talents or resources. Case examples and 4 reference notes