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Role of Defense Counsel at Sentencing

NCJ Number
105792
Journal
Federal Probation Volume: 51 Issue: 1 Dated: (March 1987) Pages: 25-29
Author(s)
B B Weintraub
Date Published
1987
Length
5 pages
Annotation
In addition to the advocate role, the defense counsel at sentencing is responsible for investigating dispositional alternatives, assisting in the presentence investigation, and providing factual verification.
Abstract
Following adjudication of guilt, counsel should accompany the defendant to the interview with the probation officer assigned to the case. This provides an opportunity to clarify the legal status of the case, the offense behavior, and overall circumstances. A written statement of the offender's version of the offense also should be prepared. In addition, defense counsel can conduct and submit a parallel presentence study and report and propose a sentence recommendation to the court. In making recommendations, counsel should consider the client's rehabilitation needs and recommend appropriate dispositional alternatives such as community service, house arrest, or participation in treatment and counseling programs.