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NCJRS Abstract

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NCJ Number: 118842 Find in a Library
Title: Defense Advocacy Under the Federal Sentencing Guidelines
Journal: Federal Probation  Volume:53  Issue:2  Dated:(June 1989)  Pages:18-27
Author(s): B B Weintraub
Date Published: 1989
Page Count: 10
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Training (Aid/Material)
Language: English
Country: United States of America
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.
Main Term(s): Defense preparation
Index Term(s): Federal courts; Sentencing guidelines
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