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NCJRS Abstract

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NCJ Number: 77657 Find in a Library
Title: Adversaries - The Sentence
Corporate Author: Michigan Media
United States of America
Date Published: 1967
Sponsoring Agency: Institute of Continuing Legal Education
Ann Arbor, MI 48104
Michigan Media
Ann Arbor, MI 48109
Roscoe Pound-American Trial Lawyers Foundation
Washington, DC 20007
Format: Film
Language: English
Country: United States of America
Annotation: Part of a series of training demonstrations by practicing trial lawyers and law enforcement officers in a criminal prosecution, this film focuses on the presentence investigation and sentencing.
Abstract: Before the sentencing date following the trial of a robbery/murder suspect, the defense attorney appears before the judge to present questions bearing on the presentence investigation and report. The defense attorney, noting that the defendant appears to be suffering from an epileptic condition, asks that a psychiatric examination be given at the court's expense. The defense attorney also requests that the entire presentence investigation be turned over to the defense, citing Rule 32(c) of the Federal Rules of Criminal Procedure and related legislation. The prosecuting attorney objects to the requests on the grounds of lack of funding for such an examination and of the need to protect special sources in the presentence report. The judge grants the examination on the basis of presentence assistance to the court only. The judge also rules that the presentence report may be turned over to the defense counsel, provided that any disclosure of confidential information be brought to the court's attention. The remainder of the film centers on the plea by the defense attorney that the judge consider circumstances concerning the defendant (i.e., that the defendant has an epileptic condition, that the defendant has had no previous convictions, and that he came from a broken home). The judge asks if the defendant has anything to say and recites the factors that were taken into consideration in determining the sentence: the defendant's age, the fact that this was his first felony confiction, the report of the probation officer, and the fact that the defendant was the instigator of the crime. The judge then sentences the defendant to serve from 18 to 25 years in the State prison of Southern Michigan. For related films in this series, see NCJ 77644-56 and NCJ 77658-59.
Index Term(s): Audiovisual aids; Judicial process; Michigan; Presentence investigations; Sentencing/Sanctions
Note: *This document is currently unavailable from NCJRS. This is a 16 mm, black and white film. The running time is 20 minutes.
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=77657

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