Plea Bargaining 5th Edition PDFBook

Sentencing typically occurs after a defendant enters a plea agreement, deferred until a presentence investigation report is prepared and shared.
Effective representation at sentencing requires understanding:
- General principles and procedures of sentencing.
- Presentence report preparation and disclosure.
- Responding to the presentence report.
- Roles of court, defendant, counsel, and prosecutor during the hearing.
- Preparation for the hearing.

Purposes of sentencing include:
- Deterrence
- Incapacitation of offenders
- Vindication of social order
- Rehabilitation of offenders
Various statutory sentencing alternatives include:
- Fines and costs
- Restitution
- Community service
- Imprisonment (specific terms or life sentences)
- Death sentences for some offenses
Sentences are classified as:
- Indeterminate: Minimum and maximum terms, potential parole.
- Determinate: Fixed terms with no parole possibility.
Sentencing must adhere to constitutional constraints:
- No harsher sentences for exercising appeal rights (due process).
- Equal protection considerations.
- Right to effective assistance of counsel.
- Prohibition of cruel and unusual punishment (Eighth Amendment).

A presentence investigation report must be prepared in federal cases unless the court finds sufficient information otherwise.
Contents of the report:
- Sentencing guidelines and policy statements
- Offense level and criminal history calculations
- Relevant factors for sentencing and possible deviations
The report generally includes personal information about the defendant and the impact on the victim.
Defense counsel may attend the defendant's interview and should be involved in preparing the report to foster a positive outcome.

Probation officer must disclose the presentence report 35 days prior to sentencing.
Parties can object within 14 days, detail their objections, and resolve disputes with the officer, who must submit a final report prior to the hearing.
Recommendations for a Defense PSI include:
- Identifying data, family history, marital and employment history, financial status, and character references.
- Calculating sentencing guidelines based on relevant records and circumstances.
- Addressing the goals and factors under 18 U.S.C. § 3553(a) to support a tailored sentence.

Steps during the hearing include:
- Confirmation of counsel's review of the presentence report.
- Opportunities for both counsel and government to express views.
- Evidence presentation if factual inaccuracies are contested.
The court announces the sentence and its rationale, ensuring compliance with procedural and constitutional requirements.
- The victim’s opportunity to speak and restitution matters must be addressed.

Key considerations for defense counsel:
- Counsel should prepare a Sentencing Memorandum to support requests.
- Effective representation relies on thorough preparation and organized presentation.
- Presence of supportive individuals (family or friends) during sentencing can be beneficial.
Arguments for leniency may include:
- Demonstration of remorse, lack of prior convictions, and community support.
- Emphasis on rehabilitation potential over punitive measures.

Judges follow a structured outline for imposing sentences, starting from reviewing agreed-upon terms and gathering necessary documentation to finalizing the sentence with stated reasons.
The court must accommodate both legal requirements and the emotional aspects of the sentencing process.

Essential preparatory tasks:
- Request favorable defendant information under Brady v. Maryland.
- Prepare and submit a Defense PSI early in the process.
- Review and respond to the presentence report's contents.
- Prepare the defendant for allocution and ensure adequate representation during the hearing.