Sentencing Advocacy

Author : C.J. Williams
Publisher : McFarland
Page : 302 pages
File Size : 40,7 Mb
Release : 2022-12-28
Category : Law
ISBN : 9781476687544

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Sentencing Advocacy by C.J. Williams Pdf

To ensure a fair criminal trial, effective sentencing advocacy is needed in every stage of prosecution, from investigation through plea, trial and sentencing hearings. With fewer criminal cases proceeding to trial, advocacy is increasingly critical for both prosecutors and defense attorneys and can determine whether or not a defendant receives an appropriate sentence. Here is a volume that comprehensively describes the steps to effective sentencing advocacy, addressing not only terms of imprisonment or probation, but fines, forfeiture, restitution and other collateral sentencing consequences. It emphasizes approaching sentencing advocacy holistically, treating it as a key component of attorney advocacy in every criminal case. Covering the fundamental sentencing procedures and concepts, it describes where and how attorneys can use advocacy to advance their clients' goals. It also explains aspects of sentencing that otherwise may appear too complex to a novice criminal practitioner. Importantly, this is not a book on sentencing law, although it addresses legal sentencing issues as they pertain to sentencing advocacy. Rather, the focus is on teaching attorneys how to use advocacy to achieve the best sentence for their clients.

Author : Danielle Robitaille,Erin Winocur
Publisher : Unknown
Page : 128 pages
File Size : 47,6 Mb
Release : 2024-06-23
Category : Sentences (Criminal procedure)
ISBN : 1772555185

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Sentencing by Danielle Robitaille,Erin Winocur Pdf

Sentencing: Principles and Practice serves as a concise resource for all sentencing issues in the Canadian criminal justice system. Building on general principles, this text tackles both common and unusual sentencing issues and questions, and pragmatically discusses plea negotiations, procedure and advocacy, dangerous offenders, types of sentences, Charter considerations, appellate issues, and ancillary orders, as well as post-sentencing issues. Criminal defence counsel Danielle Robitaille and assistant Crown attorney Erin Winocur inject their perspective and experience as front-line advocates, providing readers with a constructive and balanced discussion of the topic. The experienced authors and contributors have written chapters dedicated to various areas of practice, creating a comprehensive reference that thoroughly explores an array of themes relating to sentencing.

Author : Marcia G. Shein
Publisher : Clark Boardman Callaghan
Page : 128 pages
File Size : 49,7 Mb
Release : 1988
Category : Law
ISBN : 0876325975

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Sentencing Defense Manual by Marcia G. Shein Pdf

This work provides a single-volume step-by-step guide to the preparation of effective defense pre-sentence investigation reports. It has been designed to guide defense practitioners throughout the entire postconviction advocacy process, and discusses: how to profile the mitigating factors in each case, provide your client with an opportunity to be seen as an individual and not solely as a criminal, and many other topics.

Author : John Delaney
Publisher : John Delaney Publications
Page : 467 pages
File Size : 41,7 Mb
Release : 2004
Category : Criminal law
ISBN : 9780960851461

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Learning Criminal Law as Advocacy Argument by John Delaney Pdf

More than most other books about the criminal law, this presentation focuses on "Learning Criminal Law as Advocacy Argument." In each criminal-law topic, it presents in building-block form the limited repertoire of core issues and related arguments so that you can concentrate on learning and practicing those that your professor has stressed in class, in her materials, and on her old exams. You can know the issues on the exam before you go into the exam room.In each criminal-law topic there is a limited repertoire of core issues that must be identified and then resolved with advocacy argument. This pattern of issues and arguments arises from embedded and recurring factual patterns and the resulting criminal law performance of prosecutors, defense lawyers, and trial and appellate judges over decades and even centuries. Your professor presents only some of the core issues and related arguments from these repertoires in her course and on her criminal-law exam. Thus, you can systematically learn the set of core issues and arguments in each topic presented by your and know the issues before you go into the exam room. The exam then presents no surprises.What do you mean by resolving the core issues "with advocacy argument?"Identifying the core issues from your professor?s course is the first critical task. The second critical task is resolving these issues with advocacy argument. Advocacy argument is the lawyer?s single-minded marshalling of the relevant facts and doctrine that are necessary to resolve the identified issues in favor of either the prosecution or defense. This book helps you with both tasks: identifying the exam issues and resolving them.

Author : Robert Engelbrecht Hauberg
Publisher : American Bar Association
Page : 130 pages
File Size : 55,5 Mb
Release : 1999
Category : Law
ISBN : 157073674X

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Sentencing Guidelines in Antitrust by Robert Engelbrecht Hauberg Pdf

"This handbook was prepared by members of the Antitrust Section's Criminal Practice and Procedure Committee to provide the practitioner with a general overview and explanation of the Sentencing Guidelines, promulgated by the United States Sentencing Commission, applicable in criminal antitrust cases involving both corporate and individual defendants. It is intended as a practice aid that would prove helpful in counseling clients, assessing exposure, determining and advocating sentence ranges and fines, and evaluating and negotiating leniency and plea agreements." -- from the Foreword, p. iii.

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice
Publisher : Unknown
Page : 812 pages
File Size : 54,8 Mb
Release : 1987
Category : Electronic
ISBN : UOM:39015032037817

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Federal sentencing revision by United States. Congress. House. Committee on the Judiciary. Subcommittee on Criminal Justice Pdf

Author : Anonim
Publisher : Unknown
Page : 1056 pages
File Size : 41,9 Mb
Release : 1989
Category : Prison sentences
ISBN : STANFORD:36105044217037

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National Conference on Sentencing Advocacy by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 768 pages
File Size : 53,9 Mb
Release : 1988
Category : Consumer protection
ISBN : OSU:32437010769061

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Clearinghouse Review by Anonim Pdf

Author : Robert Blecker
Publisher : St. Martin's Press
Page : 320 pages
File Size : 46,9 Mb
Release : 2013-11-19
Category : Social Science
ISBN : 9781137381330

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The Death of Punishment by Robert Blecker Pdf

For twelve years Robert Blecker, a criminal law professor, wandered freely inside Lorton Central Prison, armed only with cigarettes and a tape recorder. The Death of Punishment tests legal philosophy against the reality and wisdom of street criminals and their guards. Some killers' poignant circumstances should lead us to mercy; others show clearly why they should die. After thousands of hours over twenty-five years inside maximum security prisons and on death rows in seven states, the history and philosophy professor exposes the perversity of justice: Inside prison, ironically, it's nobody's job to punish. Thus the worst criminals often live the best lives. The Death of Punishment challenges the reader to refine deeply held beliefs on life and death as punishment that flare up with every news story of a heinous crime. It argues that society must redesign life and death in prison to make the punishment more nearly fit the crime. It closes with the final irony: If we make prison the punishment it should be, we may well abolish the very death penalty justice now requires.

Author : Anonim
Publisher : Unknown
Page : 30 pages
File Size : 50,9 Mb
Release : 1987
Category : Government attorneys
ISBN : PURD:32754081668752

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United States Attorneys Bulletin by Anonim Pdf

Author : Mary Cowe,Susan Cavender
Publisher : Bloomsbury Publishing
Page : 249 pages
File Size : 48,8 Mb
Release : 2020-10-03
Category : Law
ISBN : 9781526516343

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Practical Advocacy in the Crown Court by Mary Cowe,Susan Cavender Pdf

Practical Advocacy in the Crown Court follows the life of a case in the Crown Court chronologically, providing guidance and insights at each step. It guides the reader from first conference through legal arguments and witness handling to sentencing hearings, with references to procedure, codes of conduct, and key cases. With an emphasis on practical advice, each chapter follows a similar format incorporating dos and don'ts, mock situations, and sections on good practice. Key topics covered include: -Making and opposing bail applications -Effective communication with lay clients -Appeals against conviction and sentence in the Crown Court -Evidential submissions -Witness handling of complainants, vulnerable witnesses, police officers and experts -Making effective jury speeches -Sentencing, mitigation and advocacy in cases involving the Mental Health Act This is the only specialist guide written for Crown Court advocates, by Crown Court advocates. It provides learned advice on common situations such as hearsay applications, hostile witnesses, making speeches or mitigating in cases where it may feel like there is little to say. It also provides insight on good communication with clients as well as court room advocacy, and dealing with lay clients, solicitors and police officers in conference. In addition, it covers written advocacy in detail, including persuasive skeleton arguments and using jury bundles effectively. Depending on the experience of the reader, this book helps the: -new advocate by giving them insight into situations that arise frequently, with a proper understanding of their role, as well as advice on how to adapt their style to the witness or the Judge -progressing advocate to develop skills with advice garnered from counsel of many years' experience, such as sections dealing with witness handling and evidential submissions in more complex cases, including rape and serious sexual offences work, proceeds of crime applications, case conferences with the CPS and presenting documents to juries in larger cases -experienced and busy advocate by looking at situations of greater complexity, such as the purpose of jury advocacy, and it will also act as a refresher for the more established advocate with writer's block in a tricky case

Author : Thomas O'Malley
Publisher : Unknown
Page : 128 pages
File Size : 45,5 Mb
Release : 2015-12-31
Category : Electronic
ISBN : 0414038061

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Sentencing Law and Practice by Thomas O'Malley Pdf

This new edition of Sentencing Law and Practice provides judges and practitioners with a comprehensive and reliable analysis of Irish sentencing law, with particular emphasis on general principles, It also analyses all recent legislation and its implications for sentencing practice. Extensive use is made of comparative law for illustrative purposes. Key Features * A clear and comprehensive account of Irish sentencing law and practice * Analyses all relevant legislation and case law. * Incorporates relevant comparative material from other jurisdictions * New and extended treatment of general principles, mitigating factors and aggravating factors. * Discusses relevant case law of the European Court of Human Rights as well as new EU directives. New to this edition * A completely revised and rewritten edition of this standard work * A detailed analysis of recent guideline judgments of the Court of Criminal Appeal * Comprehensive coverage of legislation and case law on the suspended sentence, fines and community service * New chapters and sections on firearms offences, fraud offences and white-collar crime. * A strong comparative approach with extensive reference to case law from other jurisdictions * Draws on recent social science research on youth offending and related matters. Author Thomas O Malley is a Senior Lecturer in Law at NUI Galway, a practising barrister and a member of the Law Reform Commission. He has published widely in the fields of criminal law and criminal justice

Author : Lynn S. Branham
Publisher : West Academic Publishing
Page : 0 pages
File Size : 43,9 Mb
Release : 2013
Category : Correctional law
ISBN : 0314280014

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Cases and Materials on the Law and Policy of Sentencing and Corrections by Lynn S. Branham Pdf

This leading casebook covers both sentencing and correctional law and policy. The cases, statutes, sentencing guidelines, professional standards, articles, statistics, and questions will catalyze debates on such controversial subjects as the sanctioning of drug offenders, the ; enmeshed penalties; (collateral consequences) that attend a conviction, and prisoners' constitutional rights.New coverage of seminal Supreme Court cases, ABA Standards on Treatment of Prisoners, proposals for ; restorative sentences,; and sentencing advocacy from a holistic-defense perspective confirm the value of this resource on very core, and complex, areas of the law.

Author : Baron Serge Brammertz,Michelle Jarvis
Publisher : Oxford University Press
Page : 350 pages
File Size : 43,6 Mb
Release : 2016-04-14
Category : Law
ISBN : 9780191081033

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Prosecuting Conflict-Related Sexual Violence at the ICTY by Baron Serge Brammertz,Michelle Jarvis Pdf

Although sexual violence directed at both females and males is a reality in many on-going conflicts throughout the world today, accountability for the perpetrators of such violence remains the exception rather than the rule. While awareness of the problem is growing, more effective approaches are urgently needed for the investigation and prosecution of conflict-related sexual violence crimes. Upon its establishment in 1993, the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) began the challenging task of prosecuting the perpetrators of conflict-related sexual violence crimes, alongside the many other atrocities committed during the conflicts in the former Yugoslavia. This book documents the experiences, achievements, challenges, and fundamental insights of the OTP in prosecuting conflict-related sexual violence crimes at the ICTY over the past two decades. It draws on an extensive dossier of OTP documentation, court filings, trial exhibits, testimony, ICTY judgements, and other materials, as well as interviews with current and former OTP staff members. The authors provide a unique analytical perspective on the obstacles faced in prioritizing, investigating, and prosecuting conflict-related sexual violence crimes. While ICTY has made great stridesin developing international criminal law in this area, this volumeexposes the pressing need for determined and increasingly sophisticated strategies in order to overcome the ongoing obstacles in prosecuting conflict-related sexual violence crimes. The book presents concrete recommendations to inform future work being done at the national and international levels, including that of the International Criminal Court, international investigation commissions, and countries developing transitional justice processes. It provides an essential resource for investigators and criminal lawyers, human rights fact-finders, policy makers, rule of law experts, and academics.

Author : Michael Fitton,David Roberts
Publisher : Unknown
Page : 314 pages
File Size : 47,9 Mb
Release : 1998
Category : Procedure (Law)
ISBN : 1853284572

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The Advocates' Sentencing Guide by Michael Fitton,David Roberts Pdf