NCJ Number
15768
Journal
New York State Bar Journal Volume: 46 Issue: 4 Dated: (JUNE 1974) Pages: 279-289
Date Published
1974
Length
11 pages
Annotation
SUGGESTIONS FOR THE DEFENSE ATTORNEY'S ROLE WHEN A CLIENT IS SENTENCED WITH REFERENCE TO APPLICABLE NEW YORK LAW.
Abstract
A PRE-SENTNECE MEMORANDUM SHOULD BE PREPARED AND DESIGNED TO GUIDE THE JUDGE IN RENDERING THIS SOLEMN JUDGMENT. NEW YORK LAW SPECIFICALLY AUTHORIZES THE FILING OF SUCH A MEMORANDUM AND PERMITS THE INCLUSION IN THE REPORT OF 'WRITTEN STATEMENTS BY OTHERS IN SUPPORT OF FACTS ALLEGED IN THE MEMORANDUM.' THE MEMORANDUM SHOULD BE ORGANIZED ALONG THE LINES OF A BRIEF, APPROPRIATELY SUBDIVIDED WITH INFORMATIVE SUBTITLES, SUCH AS 'DEMAND FOR PRESENTENCE REPORT,' 'DEFENDANT'S BACKGROUND,' 'MEDICAL HISTORY,' 'COMPARATIVE SENTENCES,' 'CHARACTER REFERENCES,' ETC. THE AUTHOR SUGGESTS THAT THIS WELL-RESEARCHED AND WELL-DOCUMENTED EXPLORATION OF ALL POSSIBLE 'GOOD SIDES' OF THE DEFENDANT WILL BENEFIT BOTH COURT AND CLIENT. (AUTHOR ABSTRACT)