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Sentencing Defense Manual: Advocacy/Practice/Procedure

NCJ Number
115227
Author(s)
M G Shein
Date Published
1988
Length
923 pages
Annotation
This text for defense attorneys examine provisions of the Sentencing Reform Act of 1984 (SRA), and its implications for sentencing practices and procedures and defense advocacy.
Abstract
The first chapter examines the provisions of the new Act, the interaction between former sentencing policies and the determinate policies and guidelines formulated in compliance with the SRA, and the Act's implications for defense presentencing responsibilities and opportunities. The second chapter considers Federal sentencing options available under the new sentencing guidelines and their implications for sentencing recommendations and criminal defense advocacy. Options discussed include fines, restitution, probation, community options, and incarcerative sentences. Focus is on how sentencing statutes, the court-imposed sentence, and parole guidelines jointly shape the actual sentence that will be served. Finally, the nature, purpose, scope, and uses of the defense presentence investigation report are delineated, with particular attention to report components and preparation. Appendixes provide supplemental information on sentencing factors, recommendations, policies, practices, and procedures; as well as sample forms used in sentence decisionmaking. Chapter footnotes and tables. See NCJ-115228 through NCJ-115234 for individual articles.