{"id":85994,"date":"2018-12-01T15:00:07","date_gmt":"2018-12-01T20:00:07","guid":{"rendered":"https:\/\/sentencing.net\/?p=85994"},"modified":"2019-11-05T16:21:16","modified_gmt":"2019-11-05T21:21:16","slug":"sentencing-memorandum","status":"publish","type":"post","link":"https:\/\/sentencing.net\/sentencing\/sentencing-memorandum","title":{"rendered":"5 Essential Aspects of a Sentencing Memorandum"},"content":{"rendered":"\n\t

The best way to present a cogent, organized, and persuasive sentencing argument is through a Sentencing Memorandum. As you may know, in either state or federal criminal court, the next stage following any criminal conviction is the sentencing stage. During this phase of the criminal process arguments from both sides are made to the judge, and the judge determines what he or she believes is the appropriate sentence.<\/p>\n

\"Sentencing

Sentencing Memorandum<\/p><\/div>\n

Typically, judges will hold a sentencing hearing<\/a> to allow the prosecution, defense counsel, and the defendant to address the judge on sentencing. While the sentencing hearing is an important opportunity to try to persuade the judge on what the appropriate sentence should be, counsel would be wise to file a sentencing memorandum prior to the sentencing hearing.<\/p>\n

Why have a sentencing memorandum in addition to argument at the sentencing hearing? Because it is another opportunity to put your arguments before the judge. It gives you the chance to provide an organized, powerful argument without the pressure of an oral presentation. It allows the judge to ruminate on your arguments prior to the actual sentencing, rather than hear the arguments for the first time at the sentencing hearing.<\/p>\n

In fact, oftentimes, the judge comes to the sentencing hearing having already made up his or her mind as to the appropriate sentence. Filing a sentencing memorandum prior to the hearing will give you the chance to get your arguments in front of the judge before the judge is solidified on an outcome.<\/p>\n

Given the significance of a sentencing memorandum, what aspects are most important for an effective sentencing memorandum? There are five aspects to always keep in mind.<\/p>\n

1. For Defense Counsel \u2013 Focus Your Litigation on Mitigation<\/h2>\n

There are a host of mitigating circumstances related to both the defendant and the offense that can be raised before the sentencing judge, including:<\/p>\n