https://defensewiki.ibj.org/api.php?action=feedcontributions&feedformat=atom&user=213.3.41.111 2026-05-10T21:02:31Z User contributions MediaWiki 1.42.1 https://defensewiki.ibj.org/index.php?title=Plea_Bargaining&diff=300 2010-04-09T14:26:23Z

<p>213.3.41.111: Created page with &#039;A guilty plea is formal admission of guilt and is the equivalent of a conviction. Most often, it occurs as part of a plea bargaining process which may result in reduced charges �&#039;</p> <hr /> <div>A guilty plea is formal admission of guilt and is the equivalent of a conviction. Most often, it occurs as part of a plea bargaining process which may result in reduced charges or an agreed-upon favorable sentence. The vast majority of criminal cases in the U.S. are resolved through this procedure.<br /> <br /> <br /> == Types of Guilty Pleas ==<br /> <br /> <br /> In the American legal system, there are essentially two types of guilty pleas: guilty and nolo contendere (or &quot;no contest&quot;). A plea of guilty is an admission that one has committed the crime in question, and an acceptance of the related punishment. A plea of nolo contendere allows the defendant to accept the punishment related to the crime without admitting to the crime. It is instead a statement that the defendant will not contest the charges levied against him. Courts in the United States very rarely accept nolo contendere pleas. The implications of a guilty plea go beyond claiming responsibility for an act and replace the role of a jury at a trial. <br /> <br /> Guilty pleas are often entered as the result of a plea bargain or an agreement in which a prosecutor and a defendant arrange to settle the case against the defendant. The defendant agrees to plead guilty to a specified charge in exchange for a mutually agreed-upon sentence, a sentence recommendation to the judge, or the dismissal or reduction of other criminal charges. Quite often, an agreement to testify against a co-defendant is a condition of a plea bargain.<br /> <br /> In the United States, the supervising judge must approve of any guilty plea or plea bargain. Generally a judge will authorize the plea if the defendant makes a knowing and voluntary waiver of his right to trial, the defendant understands the charges, the defendant understands the maximum sentence he could receive after pleading guilty, and the defendant makes a voluntary confession, in court, to the alleged crime. Even if a defendant agrees to plead guilty, a judge may decline to accept the guilty plea and plea bargain if the charge or charges have no factual basis or support.<br /> <br /> The court must also explain the nature of the crimes to which the defendant is pleading guilty. For example, while a person not involved in the legal system by trade or experience may have a general notion of what a crime such as murder means, he may not understand the difference between murder and manslaughter. It is important for the defendant to understand to what he is pleading guilty, so that he may better understand the potential ramifications beyond the courthouse and any legal penalties.<br /> <br /> The court must also clearly explain to the defendant the mandatory minimum and possible maximum penalty related to the charge as well as certain collateral consequences, such as the possibility that the defendant will be deported. <br /> <br /> When a court in the United States accepts a plea bargain, the guilty plea operates as a conviction, and the defendant cannot be retried on the same offense by the same governmental entity. If the government breaches a plea bargain (for example, by arguing for a specific sentence when the agreement is that it will not do so), the defendant may seek to withdraw the guilty plea, ask the court to enforce the plea bargain, or ask the court for a favorable modification in the sentence. If the defendant breaches a plea agreement (for example, by refusing to cooperate in the prosecution of co-defendants), the prosecution may re-prosecute the defendant. <br /> <br /> <br /> == Guilty plea and accompanying waivers must be voluntary ==<br /> <br /> <br /> In the American criminal justice system, a guilty plea that is the result of coercion or force is not acceptable to the court. The requirements discussed above are designed to provide the defendant with a depth of knowledge required to make an informed decision. If, after being informed of all the implications of entering a guilty plea, the defendant chooses to enter that plea, it is considered to be a voluntary waiver of rights as specified above. <br /> <br /> <br /> == Factual Basis Determination ==<br /> <br /> <br /> The court must also determine that there is a factual basis for the plea. Generally speaking, this is done through a &quot;colloquy&quot; or conversation between the defendant and the judge in which the judge states the facts that the government believes it can prove and the defendant states that he accepts those facts as true. The facts must support the crime to which the defendant is pleading guilty. <br /> <br /> <br /> == Benefits of Pleading Guilty to the Defendant ==<br /> <br /> <br /> The result of a guilty plea is often a reduction in charges (e.g., murder to manslaughter). Different but related charges may have varying degrees of social stigma attached. Admitting to a lapse in judgment may not carry the same social stigma as admitting to an act that was committed with a malicious intent to cause harm to another. In some cultures, defendants may be ostracized for admitting one particular crime, whereas admitting to a different crime, albeit possibly related, may not carry the same level of shame. Reduced charges also typically bring about a reduction in the punishment.<br /> <br /> A trial never has a guaranteed outcome. No matter how strong either side's case may be, there is always the possibility of loss for both sides. Pleading guilty removes the process and the uncertainty of the trial, and provides a finite universe of potential penalties. The stress of criminal prosecution can be great on the defendant and his family, and even though a guilty plea is being entered, many defendants may prefer to put an end to the ordeal and have some sense of finality. From a practical standpoint, if the defendant is paying for private counsel, entering a guilty plea removes the costs associated with a trial. Keep in mind, however, that all defendants have a right to a fair trial, not simply those who can afford it. The idea that entering a guilty plea costs less is simply a side effect of pleading and should not really be considered as a factor. <br /> <br /> <br /> == Negotiation Tips ==<br /> <br /> The defense lawyer should discuss strategies and potential tactics for the negotiation, including whether to argue for a reduction of the charge (for instance, from first-degree murder to manslaughter), a specific recommendation for sentence (for example, 6 months in prison), and/or an agreement by the prosecutor not to oppose the defendant's request for probation (supervision by the government for a specific period of time). It is always the defendant's decision whether to enter into a plea agreement. The defense lawyer can only explain the benefits and drawbacks and make a recommendation.<br /> <br /> The defense lawyer should consider the severity of the crime, the strength of the evidence in the case, and the prospects of a guilty verdict at trial when preparing to negotiate with the prosecutor. He should also consider collateral consequences of a guilty verdict. For example, many states have what are called &quot;three strike&quot; laws which mean that after a third felony conviction, punishment is significantly enhanced. If a client already has two felony convictions, he may be well advised to take his chances at trial. On the other hand, if the charge can be bargained down to a misdemeanor offense, the defendant might be well advised to take the plea.<br /> <br /> The prosecutor typically may not offer a plea bargain if the alleged crime is particularly heinous or the case is highly publicized or politically charged.<br /> <br /> The defendant may wish to reject a plea bargain if the defendant believes that the possibility of acquittal (being found not guilty at trial) outweighs the possibility of conviction. <br /> <br /> <br /> == Benefits and Harms ==<br /> <br /> <br /> Plea bargaining is a controversial feature of the criminal justice system. Supporters argue that it resolves matters quickly, speeds court proceedings, reduces the number of cases in overburdened courts, guarantees convictions, reduces the number of people in overcrowded jails, helps prosecutors manage their caseloads and saves the government the time and cost of a jury trial. <br /> <br /> Opponents claim that plea bargaining can put pressure on defendants to plead to crimes that they know they did not commit, and that the outcome of a plea bargain may depend strongly on the negotiating skills of the defense lawyer, which puts persons who can afford good lawyers at an advantage. The defense lawyer must be sure that the defendants fully understands the rights he is waiving and the consequences he is facing as a result of a plea bargain.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Expert_Witnesses&diff=294 2010-04-09T14:17:50Z

<p>213.3.41.111: Created page with &#039;Defense counsel must be alert for circumstances in which an expert can be of use. Experts can be used in a variety of capacities. For example, medical experts can establish the�&#039;</p> <hr /> <div>Defense counsel must be alert for circumstances in which an expert can be of use. Experts can be used in a variety of capacities. For example, medical experts can establish the time of death or the height of the individual inflicting a wound. Psychiatrists can establish insanity or diminished capacity.<br /> <br /> * An expert may be used only in an advisory capacity to assist in formulating a defense. The advisory expert then would not testify at trial.<br /> * Bring the testifying expert into the case at an early stage, so that the expert is not hindered by the passage of time and/or destruction of important evidence.<br /> Counsel should give careful consideration to the selection of an expert. Consider the expert's stature in his field, availability, and costs for services. Try not to use an expert who derives most of his income from testifying at trials, the so-called &quot;professional expert.&quot; <br /> <br /> While an expert with a sound formal education, and practical experience and scholarly publications is important, it is also important to select an expert who communicates well and can &quot;connect&quot; with a jury.<br /> <br /> * Fully explain your tentative theory of defense to the expert and what you hope to prove through the expert. <br /> * Ask the expert for his opinion about how best to present the defense. <br /> * consulting one expert, an additional expert may be needed. <br /> The defense expert at trial<br /> <br /> * Must be calm. <br /> * Must understand the rules of evidence.<br /> * Must be well-prepared for direct testimony and cross-examination.<br /> * Must give responsive answers.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Evidence&diff=293 2010-04-09T14:17:26Z

<p>213.3.41.111: /* Testimonial Evidence */</p> <hr /> <div>== Background ==<br /> * Relevance<br /> * Prejudice<br /> == Testimonial Evidence ==<br /> * Competency<br /> * [[Expert Witnesses]]<br /> * Hearsay<br /> <br /> == Expert and Forensic Evidence ==<br /> *[[ Hair]]<br /> * [[DNA]]<br /> * [[Fingerprints]]<br /> * Ballistics<br /> <br /> == Identification Evidence ==<br /> * [[Eyewitness Misidentification]]</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Rights_of_the_Accused&diff=291 2010-04-09T14:16:26Z

<p>213.3.41.111: </p> <hr /> <div>Criminal defendants around the world are afforded many rights. The general theory behind these rights is that the government has enormous resources available to it for the prosecution of individuals and individuals are therefore entitled to some protection from misuse by the government of those powers.<br /> <br /> In common law countries, many of the rights below have been developed over years of case law and as a result, the rules can be very complex. This section should be viewed as an overview of the most significant rights of the defendants.<br /> <br /> <br /> == Rights with Police ==<br /> * Arrest<br /> * Right to Silence<br /> * Search and Seizure<br /> * Right to Counsel<br /> * Confessions<br /> * Pretrial Identification<br /> <br /> == [[Rights at Detention]] ==<br /> * Right to Counsel<br /> * Right to Habeas Corpus<br /> * Right to be free of punishment<br /> * Right to medical care<br /> <br /> == Rights at Trial ==<br /> * Right to a Fair Trial<br /> * Right to Notice of Charges<br /> * Right to Trial by Jury<br /> * Right to Confront Witnesses<br /> * Right to a Speedy Trial<br /> * Right to Counsel<br /> * Presumption of Innocence<br /> * Double Jeapardy<br /> <br /> == Sentencing ==<br /> <br /> * Right to sentence free of torture<br /> * Right to sentence without cruel or unusual punishment<br /> * Right to fines that are not excessive<br /> * Ex Poste Facto Punishment<br /> <br /> == Rights in Prison ==</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Rights_of_the_Accused&diff=290 2010-04-09T14:15:47Z

<p>213.3.41.111: /* Rights at Detention */</p> <hr /> <div>Criminal defendants around the world are afforded many rights. The general theory behind these rights is that the government has enormous resources available to it for the prosecution of individuals and individuals are therefore entitled to some protection from misuse by the government of those powers.<br /> <br /> In common law countries, many of the rights below have been developed over years of case law and as a result, the rules can be very complex. This section should be viewed as an overview of the most significant rights of the defendants.<br /> <br /> <br /> == Rights with Police ==<br /> * Arrest<br /> * Right to Silence<br /> * Search and Seizure<br /> * Right to Counsel<br /> * Confessions<br /> * Pretrial Identification<br /> <br /> [[== Rights at Detention ==]]<br /> * Right to Counsel<br /> * Right to Habeas Corpus<br /> * Right to be free of punishment<br /> * Right to medical care<br /> <br /> == Rights at Trial ==<br /> * Right to a Fair Trial<br /> * Right to Notice of Charges<br /> * Right to Trial by Jury<br /> * Right to Confront Witnesses<br /> * Right to a Speedy Trial<br /> * Right to Counsel<br /> * Presumption of Innocence<br /> * Double Jeapardy<br /> <br /> == Sentencing ==<br /> <br /> * Right to sentence free of torture<br /> * Right to sentence without cruel or unusual punishment<br /> * Right to fines that are not excessive<br /> * Ex Poste Facto Punishment<br /> <br /> == Rights in Prison ==</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Arraignment&diff=289 2010-04-09T14:15:05Z

<p>213.3.41.111: Created page with &#039;An arraignment must be conducted in open court. The defendant is given a copy of the indictment or information. It is then read in open court. The court then asks the defendan�&#039;</p> <hr /> <div>An arraignment must be conducted in open court. The defendant is given a copy of the indictment or information. It is then read in open court. The court then asks the defendant to plead guilty/not guilty/no contest.<br /> This is the first public appearance of the defendant in open court. The defendant must stand and listen as the indictment or information is read, although he should have already been given a copy. His identification is confirmed, and he is asked if he has been informed of the charges and legal rights. The judge may also inquire as to whether the defendant has legal counsel. <br /> An arraignment is a brief process where the judge only wants to hear one of three things: guilty, not guilty, or no-contest This is known as the plea, and the defendant must utter one of those with no room for explanation or elaboration. If the defendant pleads guilty or no contest, he is sometimes sentenced on the spot. If he pleads not guilty, he is scheduled for trial. A defendant who stands mute has a plea of not guilty entered on their behalf.<br /> Some defendants will have had their defense lawyer arrange a plea bargain beforehand, so that the act of pleading guilty is openly noted as a negotiated plea to which the judge must consent. A judge can reject a plea of guilty if he thinks it was made under duress, non-intelligently, or if the bargain is too last-minute or lenient. Plea bargains are discussed further below.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Stages_in_a_Criminal_Trial_-_US&diff=288 2010-04-09T14:14:30Z

<p>213.3.41.111: </p> <hr /> <div>The following are the general steps that lead up to and follow a criminal trial. Each of these stages is discussed in greater detail in the pages that follow.<br /> # [[Arrest]] -- Defendant is taken into custody by the legal authority.<br /> # [[Booking]] -- If the prosecutor decides to proceed with a case, the defendant is formally charged with the crime and taken to a holding cell. The defendant may be required to post bail to be released until trial.<br /> # [[Arraignment]] -- All parties appear before the judge and the charges against the defendant are formally announced. The defendant is asked to plead guilty or not guilty to the charges. If the defendant pleads not guilty, the trial is scheduled. If the defendant pleads guilty, no trial is necessary and the case moves directly to sentencing.<br /> # [[Preliminary Hearing]] -- The judge hears evidence from the prosecution (and sometimes the defense) and determines whether or not the prosecutor has enough evidence to proceed with the case.<br /> # [[Pre-Trial Motions]] -- Various motions and arguments are made to determine what evidence can be presented during the trial, who may testify, and what can be done by way of discovery. For example, motions can be made to suppress evidence that has been illegally obtained or to exclude a witness who is incompetent to testify.<br /> # [[Trial]] -- The prosecutor presents his evidence and tries to convince the jury that the defendant is guilty of the crime charged. The defense lawyer brings his own evidence to rebut the prosecutor's arguments. The prosecutor must satisfy the burden of proof in order to prove his case.<br /> # [[Sentencing]] -- The judge decides on the appropriate punishment for the defendant's crimes.<br /> # [[Appeal]] -- The defendant is given an opportunity to challenge the outcome of the case.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Stages_in_a_Criminal_Trial_-_US&diff=287 2010-04-09T14:14:17Z

<p>213.3.41.111: Created page with &#039;IV. PROCESS OF A CRIMINAL TRIAL The following are the general steps that lead up to and follow a criminal trial. Each of these stages is discussed in greater detail in the page�&#039;</p> <hr /> <div>IV. PROCESS OF A CRIMINAL TRIAL<br /> <br /> The following are the general steps that lead up to and follow a criminal trial. Each of these stages is discussed in greater detail in the pages that follow.<br /> # [[Arrest]] -- Defendant is taken into custody by the legal authority.<br /> # [[Booking]] -- If the prosecutor decides to proceed with a case, the defendant is formally charged with the crime and taken to a holding cell. The defendant may be required to post bail to be released until trial.<br /> # [[Arraignment]] -- All parties appear before the judge and the charges against the defendant are formally announced. The defendant is asked to plead guilty or not guilty to the charges. If the defendant pleads not guilty, the trial is scheduled. If the defendant pleads guilty, no trial is necessary and the case moves directly to sentencing.<br /> # [[Preliminary Hearing]] -- The judge hears evidence from the prosecution (and sometimes the defense) and determines whether or not the prosecutor has enough evidence to proceed with the case.<br /> # [[Pre-Trial Motions]] -- Various motions and arguments are made to determine what evidence can be presented during the trial, who may testify, and what can be done by way of discovery. For example, motions can be made to suppress evidence that has been illegally obtained or to exclude a witness who is incompetent to testify.<br /> # [[Trial]] -- The prosecutor presents his evidence and tries to convince the jury that the defendant is guilty of the crime charged. The defense lawyer brings his own evidence to rebut the prosecutor's arguments. The prosecutor must satisfy the burden of proof in order to prove his case.<br /> # [[Sentencing]] -- The judge decides on the appropriate punishment for the defendant's crimes.<br /> # [[Appeal]] -- The defendant is given an opportunity to challenge the outcome of the case.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Criminal_Justice_Systems_Around_the_World&diff=286 2010-04-09T14:13:32Z

<p>213.3.41.111: /* United States */</p> <hr /> <div>Criminal legal systems can be loosely classified as either common, civil, Islamic or socialist law in nature. However, today many jurisdictions have adopted hybrid models that combine elements of various legal systems. Many of these systems share a common set of [[core values]].<br /> <br /> == Common Law ==<br /> ===England===<br /> ===United States===<br /> * [[Stages in a Criminal Trial - US]]<br /> <br /> ===India===<br /> ===Zimbabwe===<br /> <br /> == Civil Law ==<br /> ===France===<br /> <br /> == Islamic Law ==<br /> <br /> == Socialist Systems ==<br /> <br /> == Community-Based Justice ==</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Sentencing&diff=283 2010-04-09T14:09:14Z

<p>213.3.41.111: /* Preparation for Sentencing by Defense Counsel */</p> <hr /> <div>== Background on Sentencing ==<br /> <br /> <br /> Sentencing takes place after a defendant is convicted of a crime. The conviction can be the result of a trial verdict or a guilty plea. For minor offenses, sentencing typically occurs immediately after the conviction. For more serious and/or complex cases, the sentencing judge will set a date for sentencing. <br /> <br /> <br /> == Sentencing: Process ==<br /> <br /> <br /> Generally, the court will impose a sentence that is within a range set by statute for the crime committed. The schedule of sentences or the sentencing range is codified by the state law or statute of the jurisdiction in which the crime occurred. In the United States, we look to different schedules of sentences depending upon (1) the state where the crime was committed or (2) the federal statute for the particular crime. The federal system has advisory guidelines to assist and restrict the court in imposing sentence. The guidelines take into account factors such as the seriousness of the crime, whether the defendant has prior convictions, whether the defendant was a &quot;ringleader&quot; and whether the defendant abused a position of trust. Some states also have guidelines, but most leave the sentence to the court within the range set by the particular statute.<br /> <br /> In a sentencing for a crime on the state or local level, the sentencing judge will consider information from a number of sources in determining an appropriate sentence. Those sources, among others, are the defendant's criminal history, the nature of the crime, the defendant's personal circumstances, and the defendant's expression of remorse. <br /> <br /> In some jurisdictions, and in the federal system, the judge will order a pre-sentence report which is prepared by the probation department. The pre-sentence report will investigate the defendant's background and mitigating circumstances and make a sentencing recommendation. The pre-sentence report considers, in particular, the defendant's criminal history, the nature of the crime, the defendant's personal circumstances and the defendant's level of remorse.<br /> <br /> It is important to note that the rules of evidence typically do not apply at sentencing. Many of the facts that the judge considers at sentencing are not elements of the offense and, as such, they will not have been established by the finding of the defendant's guilt. For example, in a state court case in which the defendant was convicted by a jury of possession of drug paraphernalia with intent to manufacture methamphetamine, the sentencing court admitted evidence of other drug offenses that occurred subsequent to the charged offense. The court considered testimony during the sentencing phase by a police detective about his contact with the defendant on two separate occasions subsequent to the defendant's arrest for the present conviction was admissible at sentencing. Courts have also held that hearsay testimony, which otherwise would have been inadmissible at trial, may be considered at sentencing; however, the information must have sufficient indicia of reliability to support its probable accuracy.<br /> <br /> The judge will also consider input from the prosecution and defense in determining the sentence. The court will afford defense counsel the opportunity to comment on the probation office's recommendations contained in the pre-sentence report and, at times, to present testimony and evidence on any objections to the same. The court is also required to permit defense counsel the opportunity to speak on the defendant's behalf and the court must address the defendant personally to determine whether the individual desires to make a statement or present any evidence in mitigation.<br /> <br /> To counter any &quot;aggravating factors&quot; raised by the prosecution, it is advisable for the defense to submit, at a minimum, a sentencing memorandum which sets forth various mitigating circumstances in an attempt to reduce the severity of the defendant's sentence. For example, the defense may want to provide in its memorandum:<br /> <br /> * A detailed personal history of the defendant in an effort to &quot;humanize&quot; the defendant which may include, among other things, a possible history of child abuse, positive personal successes, volunteer work, and/or church service<br /> * Possible alternatives to incarceration such as community-based probation, house arrest and/or placement in a half-way house<br /> * Specific community service that may be related to the offense such as speaking to students about the negative impact of drug abuse or criminal activity<br /> * Drug and/or alcohol treatment including placement in a specific facility coupled with outpatient therapy<br /> * Psychiatric and/or psychological counseling with placement in a specific hospital or work with a specific psychiatrist/psychologist<br /> * Victim restitution with a statement of remorse for the offense committed<br /> * Specific employment options coupled with a detailed work history<br /> * Letters of support and recommendations from community members which attest to the defendant's positive character and reputation in the community and the willingness to assist in the defendant's rehabilitation<br /> * Any challenges to incorrect information contained in the pre-sentence report<br /> * A detailed sentencing proposal which may include credit for time served<br /> <br /> While the above examples are not exhaustive of what defense counsel may or should present in a sentencing memorandum, it should be emphasized that defense counsel should strive to be as creative as possible in advocating for a lesser sentence. The goal of defense counsel should be to provide the court with any and all positive information about the defendant that would assist the court in its sentencing determination. <br /> <br /> <br /> ==Sentencing Basics==<br /> At sentencing, the defendant's sentence may include one or a combination of the following: incarceration, fines, probation, restitution, community service drug and alcohol treatment, and psychiatric/psychological counseling. A defendant may also receive a &quot;suspended sentence&quot; in which a period of incarceration is suspended for a period of probation. <br /> <br /> * [[Death Sentence]]<br /> * [[Incarceration]]<br /> * Suspended Sentence or [[Probation]]<br /> * [[House Arrest / Electronic Monitoring]]<br /> * [[Fines]]<br /> * [[Restitution]]<br /> * [[Community Service]]<br /> <br /> == Sentencing Definitions==<br /> <br /> * [[Concurrent sentence]]<br /> * [[Consecutive sentence]]<br /> * [[Deferred sentence]]<br /> * [[Determinate sentence]]<br /> * [[Indeterminate sentence]] <br /> * [[Life sentence]]<br /> * [[Mandatory sentence]]<br /> * [[Maximum sentence]]<br /> * [[Minimum sentence]]<br /> * [[Presumptive sentence]]<br /> * [[Straight or flat sentence]]<br /> * [[Suspended Sentence]]<br /> <br /> == Other ==<br /> <br /> * [[Double Jeapardy]]<br /> * [[Lesser Charges]]<br /> <br /> == Cases and Hypotheticals ==<br /> * [[Sentencing Hypothetical]]</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Sentencing_Hypothetical&diff=282 2010-04-09T14:08:43Z

<p>213.3.41.111: </p> <hr /> <div><br /> == Hypothetical ==<br /> <br /> The defendant entered a plea of guilty to burglary and driving under the influence.<br /> Facts: On the night in question, the defendant, who has a history of alcohol and drug dependence, had been drinking for a few hours in a local bar and desired to purchase drugs. With no money to purchase the drugs, defendant decided to break into his employer's home where he knew cash was located. Knowing that the employer was out of town and that no one would be in the residence at the time, he left the bar and proceeded to the house.<br /> At approximately 1:00 a.m., the defendant parked his car behind the residence and entered the dwelling by breaking a rear window. Defendant then located about $1,000 dollars in cash and left the house by a rear door. Defendant was not aware that a neighbor had witnessed the break-in and had notified local police.<br /> Upon exiting the house and hearing the sirens of the approaching police, the defendant fled the scene in his vehicle. After a brief chase, police stopped the defendant and he again attempted to flee. After a scuffle with the police officers, the defendant was placed under arrest.<br /> The defendant was then charged with burglary, theft, resisting arrest, eluding capture, assault on a police officer and driving under the influence.<br /> Burglary and DUI penalties: In the jurisdiction in which defendant entered his guilty plea, Burglary is defined as follows:<br /> A person is guilty of burglary if he enters a building or occupied structure . . . with intent to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. Grading: [i]f no individual is present at the time of the entry, burglary is a felony of the second degree. Sentence: In the case of a felony of the second degree, the defendant shall be sentenced to a term not to exceed ten years.<br /> For the DUI, which is the defendant's second offense, the relevant statute provides that the offender will lose his driver's license for 12 months, will be sentenced to serve between 5 days and 6 months in prison, shall pay a $300 to $2,500 fine, shall attend an alcohol and highway safety course and upon reinstatement of the driving privileges an ignition interlock system will placed on the vehicle for a period of one year.<br /> Finally, it should be noted that the defendant herein, remained in jail for approximately 45 days until his was able to be released on bail.<br /> <br /> == Preparation for Sentencing by Defense Counsel ==<br /> <br /> Given the facts above and the offenses that defendant has been convicted of, the following are recommendations for defense counsel to follow in preparing for sentencing. <br /> * Meet with client to discuss the fact that as a result of the burglary conviction he faces a statutory maximum of ten years in prison and for the DUI a minimum of 5 days in jail coupled with fines. Counsel should discuss the possibility of seeking house arrest, electronic monitoring or another strict level of probation in lieu of incarceration.<br /> * Instruct the client to draft a detailed personal history which includes an explanation of the fact that he burglarized his employer's home because he was seeking money for his drug dependency, his education and employment history, his long history of alcohol and drug abuse and what steps he has taken to address the problem, and any other steps he has taken to ensure that he will not engage in further criminal activity.<br /> * Work with the client to secure specific drug and alcohol treatment and ensure that the client is participating in the same.<br /> * Work with the client to secure specific housing and employment arrangements pre and post sentencing.<br /> * Make arrangements for the client to pay restitution to the victim/former employer. Counsel should enquire with the prosecutor about the victim/former employer's willingness to speak with the client and possibly, upon acceptance of restitution, of employing the client in the future.<br /> * Have the client secure letters of recommendation from family and community members including friends, teachers, clergy, counselors and mentors. These letters should advise the court of which individuals are willing to assist the client when he is in the community.<br /> * with the client and to make the investigator aware of any and all programs and activities that the client is participating in prior to sentencing. Accompany the client to the meeting with the probation department.<br /> * Make arrangements for getting the client involved in specific community service prior to and post sentencing such as speaking to students about drug and alcohol addiction.<br /> <br /> == Sentencing Recommendation ==<br /> <br /> Defense counsel should prepare a sentencing memorandum to be submitted to the court prior to sentencing. The sentencing memorandum should contain the detailed personal history of the defendant, the drug and alcohol treatment program that he is participating in, where he is employed, his housing arrangements, the restitution made or attempts to make the same, the letters of recommendation, the specific community service that he is or will be participating in, and a statement of remorse.<br /> Given the above facts and, in particular, that the burglary conviction does not mandate a minimum/mandatory period of incarceration, defense counsel should propose that the Court give the defendant credit for the 45 days time served, and in lieu of any further period of incarceration, should argue for a strict level of probation (which my include electronic monitoring or house arrest), coupled with mandatory completion of the drug and alcohol treatment and community service.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Sentencing_Hypothetical&diff=281 2010-04-09T14:07:55Z

<p>213.3.41.111: Created page with &#039; The defendant entered a plea of guilty to burglary and driving under the influence. Facts: On the night in question, the defendant, who has a history of alcohol and drug depende�&#039;</p> <hr /> <div><br /> The defendant entered a plea of guilty to burglary and driving under the influence.<br /> Facts: On the night in question, the defendant, who has a history of alcohol and drug dependence, had been drinking for a few hours in a local bar and desired to purchase drugs. With no money to purchase the drugs, defendant decided to break into his employer's home where he knew cash was located. Knowing that the employer was out of town and that no one would be in the residence at the time, he left the bar and proceeded to the house.<br /> At approximately 1:00 a.m., the defendant parked his car behind the residence and entered the dwelling by breaking a rear window. Defendant then located about $1,000 dollars in cash and left the house by a rear door. Defendant was not aware that a neighbor had witnessed the break-in and had notified local police.<br /> Upon exiting the house and hearing the sirens of the approaching police, the defendant fled the scene in his vehicle. After a brief chase, police stopped the defendant and he again attempted to flee. After a scuffle with the police officers, the defendant was placed under arrest.<br /> The defendant was then charged with burglary, theft, resisting arrest, eluding capture, assault on a police officer and driving under the influence.<br /> Burglary and DUI penalties: In the jurisdiction in which defendant entered his guilty plea, Burglary is defined as follows:<br /> A person is guilty of burglary if he enters a building or occupied structure . . . with intent to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. Grading: [i]f no individual is present at the time of the entry, burglary is a felony of the second degree. Sentence: In the case of a felony of the second degree, the defendant shall be sentenced to a term not to exceed ten years.<br /> For the DUI, which is the defendant's second offense, the relevant statute provides that the offender will lose his driver's license for 12 months, will be sentenced to serve between 5 days and 6 months in prison, shall pay a $300 to $2,500 fine, shall attend an alcohol and highway safety course and upon reinstatement of the driving privileges an ignition interlock system will placed on the vehicle for a period of one year.<br /> Finally, it should be noted that the defendant herein, remained in jail for approximately 45 days until his was able to be released on bail.<br /> <br /> == Preparation for Sentencing by Defense Counsel ==<br /> <br /> Given the facts above and the offenses that defendant has been convicted of, the following are recommendations for defense counsel to follow in preparing for sentencing. <br /> * Meet with client to discuss the fact that as a result of the burglary conviction he faces a statutory maximum of ten years in prison and for the DUI a minimum of 5 days in jail coupled with fines. Counsel should discuss the possibility of seeking house arrest, electronic monitoring or another strict level of probation in lieu of incarceration.<br /> * Instruct the client to draft a detailed personal history which includes an explanation of the fact that he burglarized his employer's home because he was seeking money for his drug dependency, his education and employment history, his long history of alcohol and drug abuse and what steps he has taken to address the problem, and any other steps he has taken to ensure that he will not engage in further criminal activity.<br /> * Work with the client to secure specific drug and alcohol treatment and ensure that the client is participating in the same.<br /> * Work with the client to secure specific housing and employment arrangements pre and post sentencing.<br /> * Make arrangements for the client to pay restitution to the victim/former employer. Counsel should enquire with the prosecutor about the victim/former employer's willingness to speak with the client and possibly, upon acceptance of restitution, of employing the client in the future.<br /> * Have the client secure letters of recommendation from family and community members including friends, teachers, clergy, counselors and mentors. These letters should advise the court of which individuals are willing to assist the client when he is in the community.<br /> * with the client and to make the investigator aware of any and all programs and activities that the client is participating in prior to sentencing. Accompany the client to the meeting with the probation department.<br /> * Make arrangements for getting the client involved in specific community service prior to and post sentencing such as speaking to students about drug and alcohol addiction.<br /> <br /> == Sentencing Recommendation ==<br /> <br /> Defense counsel should prepare a sentencing memorandum to be submitted to the court prior to sentencing. The sentencing memorandum should contain the detailed personal history of the defendant, the drug and alcohol treatment program that he is participating in, where he is employed, his housing arrangements, the restitution made or attempts to make the same, the letters of recommendation, the specific community service that he is or will be participating in, and a statement of remorse.<br /> Given the above facts and, in particular, that the burglary conviction does not mandate a minimum/mandatory period of incarceration, defense counsel should propose that the Court give the defendant credit for the 45 days time served, and in lieu of any further period of incarceration, should argue for a strict level of probation (which my include electronic monitoring or house arrest), coupled with mandatory completion of the drug and alcohol treatment and community service.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Sentencing&diff=280 2010-04-09T14:06:37Z

<p>213.3.41.111: </p> <hr /> <div>== Background on Sentencing ==<br /> <br /> <br /> Sentencing takes place after a defendant is convicted of a crime. The conviction can be the result of a trial verdict or a guilty plea. For minor offenses, sentencing typically occurs immediately after the conviction. For more serious and/or complex cases, the sentencing judge will set a date for sentencing. <br /> <br /> <br /> == Sentencing: Process ==<br /> <br /> <br /> Generally, the court will impose a sentence that is within a range set by statute for the crime committed. The schedule of sentences or the sentencing range is codified by the state law or statute of the jurisdiction in which the crime occurred. In the United States, we look to different schedules of sentences depending upon (1) the state where the crime was committed or (2) the federal statute for the particular crime. The federal system has advisory guidelines to assist and restrict the court in imposing sentence. The guidelines take into account factors such as the seriousness of the crime, whether the defendant has prior convictions, whether the defendant was a &quot;ringleader&quot; and whether the defendant abused a position of trust. Some states also have guidelines, but most leave the sentence to the court within the range set by the particular statute.<br /> <br /> In a sentencing for a crime on the state or local level, the sentencing judge will consider information from a number of sources in determining an appropriate sentence. Those sources, among others, are the defendant's criminal history, the nature of the crime, the defendant's personal circumstances, and the defendant's expression of remorse. <br /> <br /> In some jurisdictions, and in the federal system, the judge will order a pre-sentence report which is prepared by the probation department. The pre-sentence report will investigate the defendant's background and mitigating circumstances and make a sentencing recommendation. The pre-sentence report considers, in particular, the defendant's criminal history, the nature of the crime, the defendant's personal circumstances and the defendant's level of remorse.<br /> <br /> It is important to note that the rules of evidence typically do not apply at sentencing. Many of the facts that the judge considers at sentencing are not elements of the offense and, as such, they will not have been established by the finding of the defendant's guilt. For example, in a state court case in which the defendant was convicted by a jury of possession of drug paraphernalia with intent to manufacture methamphetamine, the sentencing court admitted evidence of other drug offenses that occurred subsequent to the charged offense. The court considered testimony during the sentencing phase by a police detective about his contact with the defendant on two separate occasions subsequent to the defendant's arrest for the present conviction was admissible at sentencing. Courts have also held that hearsay testimony, which otherwise would have been inadmissible at trial, may be considered at sentencing; however, the information must have sufficient indicia of reliability to support its probable accuracy.<br /> <br /> The judge will also consider input from the prosecution and defense in determining the sentence. The court will afford defense counsel the opportunity to comment on the probation office's recommendations contained in the pre-sentence report and, at times, to present testimony and evidence on any objections to the same. The court is also required to permit defense counsel the opportunity to speak on the defendant's behalf and the court must address the defendant personally to determine whether the individual desires to make a statement or present any evidence in mitigation.<br /> <br /> To counter any &quot;aggravating factors&quot; raised by the prosecution, it is advisable for the defense to submit, at a minimum, a sentencing memorandum which sets forth various mitigating circumstances in an attempt to reduce the severity of the defendant's sentence. For example, the defense may want to provide in its memorandum:<br /> <br /> * A detailed personal history of the defendant in an effort to &quot;humanize&quot; the defendant which may include, among other things, a possible history of child abuse, positive personal successes, volunteer work, and/or church service<br /> * Possible alternatives to incarceration such as community-based probation, house arrest and/or placement in a half-way house<br /> * Specific community service that may be related to the offense such as speaking to students about the negative impact of drug abuse or criminal activity<br /> * Drug and/or alcohol treatment including placement in a specific facility coupled with outpatient therapy<br /> * Psychiatric and/or psychological counseling with placement in a specific hospital or work with a specific psychiatrist/psychologist<br /> * Victim restitution with a statement of remorse for the offense committed<br /> * Specific employment options coupled with a detailed work history<br /> * Letters of support and recommendations from community members which attest to the defendant's positive character and reputation in the community and the willingness to assist in the defendant's rehabilitation<br /> * Any challenges to incorrect information contained in the pre-sentence report<br /> * A detailed sentencing proposal which may include credit for time served<br /> <br /> While the above examples are not exhaustive of what defense counsel may or should present in a sentencing memorandum, it should be emphasized that defense counsel should strive to be as creative as possible in advocating for a lesser sentence. The goal of defense counsel should be to provide the court with any and all positive information about the defendant that would assist the court in its sentencing determination. <br /> <br /> <br /> == Preparation for Sentencing by Defense Counsel ==<br /> <br /> Given the facts above and the offenses that defendant has been convicted of, the following are recommendations for defense counsel to follow in preparing for sentencing. <br /> * Meet with client to discuss the fact that as a result of the burglary conviction he faces a statutory maximum of ten years in prison and for the DUI a minimum of 5 days in jail coupled with fines. Counsel should discuss the possibility of seeking house arrest, electronic monitoring or another strict level of probation in lieu of incarceration.<br /> * Instruct the client to draft a detailed personal history which includes an explanation of the fact that he burglarized his employer's home because he was seeking money for his drug dependency, his education and employment history, his long history of alcohol and drug abuse and what steps he has taken to address the problem, and any other steps he has taken to ensure that he will not engage in further criminal activity.<br /> * Work with the client to secure specific drug and alcohol treatment and ensure that the client is participating in the same.<br /> * Work with the client to secure specific housing and employment arrangements pre and post sentencing.<br /> * Make arrangements for the client to pay restitution to the victim/former employer. Counsel should enquire with the prosecutor about the victim/former employer's willingness to speak with the client and possibly, upon acceptance of restitution, of employing the client in the future.<br /> * Have the client secure letters of recommendation from family and community members including friends, teachers, clergy, counselors and mentors. These letters should advise the court of which individuals are willing to assist the client when he is in the community.<br /> * Contact the probation department, in particular, the investigator who will be drafting the pre-sentence report to facilitate any meetings with the client and to make the investigator aware of any and all programs and activities that the client is participating in prior to sentencing. Accompany the client to the meeting with the probation department.<br /> * Make arrangements for getting the client involved in specific community service prior to and post sentencing such as speaking to students about drug and alcohol addiction.<br /> <br /> ==Sentencing Basics==<br /> At sentencing, the defendant's sentence may include one or a combination of the following: incarceration, fines, probation, restitution, community service drug and alcohol treatment, and psychiatric/psychological counseling. A defendant may also receive a &quot;suspended sentence&quot; in which a period of incarceration is suspended for a period of probation. <br /> <br /> * [[Death Sentence]]<br /> * [[Incarceration]]<br /> * Suspended Sentence or [[Probation]]<br /> * [[House Arrest / Electronic Monitoring]]<br /> * [[Fines]]<br /> * [[Restitution]]<br /> * [[Community Service]]<br /> <br /> == Sentencing Definitions==<br /> <br /> * [[Concurrent sentence]]<br /> * [[Consecutive sentence]]<br /> * [[Deferred sentence]]<br /> * [[Determinate sentence]]<br /> * [[Indeterminate sentence]] <br /> * [[Life sentence]]<br /> * [[Mandatory sentence]]<br /> * [[Maximum sentence]]<br /> * [[Minimum sentence]]<br /> * [[Presumptive sentence]]<br /> * [[Straight or flat sentence]]<br /> * [[Suspended Sentence]]<br /> <br /> == Other ==<br /> <br /> * [[Double Jeapardy]]<br /> * [[Lesser Charges]]<br /> <br /> == Cases and Hypotheticals ==<br /> * [[Sentencing Hypothetical]]</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Sentencing&diff=279 2010-04-09T14:05:21Z

<p>213.3.41.111: </p> <hr /> <div>== Background on Sentencing ==<br /> <br /> <br /> Sentencing takes place after a defendant is convicted of a crime. The conviction can be the result of a trial verdict or a guilty plea. For minor offenses, sentencing typically occurs immediately after the conviction. For more serious and/or complex cases, the sentencing judge will set a date for sentencing. <br /> <br /> <br /> == Sentencing: Process ==<br /> <br /> <br /> Generally, the court will impose a sentence that is within a range set by statute for the crime committed. The schedule of sentences or the sentencing range is codified by the state law or statute of the jurisdiction in which the crime occurred. In the United States, we look to different schedules of sentences depending upon (1) the state where the crime was committed or (2) the federal statute for the particular crime. The federal system has advisory guidelines to assist and restrict the court in imposing sentence. The guidelines take into account factors such as the seriousness of the crime, whether the defendant has prior convictions, whether the defendant was a &quot;ringleader&quot; and whether the defendant abused a position of trust. Some states also have guidelines, but most leave the sentence to the court within the range set by the particular statute.<br /> <br /> In a sentencing for a crime on the state or local level, the sentencing judge will consider information from a number of sources in determining an appropriate sentence. Those sources, among others, are the defendant's criminal history, the nature of the crime, the defendant's personal circumstances, and the defendant's expression of remorse. <br /> <br /> In some jurisdictions, and in the federal system, the judge will order a pre-sentence report which is prepared by the probation department. The pre-sentence report will investigate the defendant's background and mitigating circumstances and make a sentencing recommendation. The pre-sentence report considers, in particular, the defendant's criminal history, the nature of the crime, the defendant's personal circumstances and the defendant's level of remorse.<br /> <br /> It is important to note that the rules of evidence typically do not apply at sentencing. Many of the facts that the judge considers at sentencing are not elements of the offense and, as such, they will not have been established by the finding of the defendant's guilt. For example, in a state court case in which the defendant was convicted by a jury of possession of drug paraphernalia with intent to manufacture methamphetamine, the sentencing court admitted evidence of other drug offenses that occurred subsequent to the charged offense. The court considered testimony during the sentencing phase by a police detective about his contact with the defendant on two separate occasions subsequent to the defendant's arrest for the present conviction was admissible at sentencing. Courts have also held that hearsay testimony, which otherwise would have been inadmissible at trial, may be considered at sentencing; however, the information must have sufficient indicia of reliability to support its probable accuracy.<br /> <br /> The judge will also consider input from the prosecution and defense in determining the sentence. The court will afford defense counsel the opportunity to comment on the probation office's recommendations contained in the pre-sentence report and, at times, to present testimony and evidence on any objections to the same. The court is also required to permit defense counsel the opportunity to speak on the defendant's behalf and the court must address the defendant personally to determine whether the individual desires to make a statement or present any evidence in mitigation.<br /> <br /> To counter any &quot;aggravating factors&quot; raised by the prosecution, it is advisable for the defense to submit, at a minimum, a sentencing memorandum which sets forth various mitigating circumstances in an attempt to reduce the severity of the defendant's sentence. For example, the defense may want to provide in its memorandum:<br /> <br /> * A detailed personal history of the defendant in an effort to &quot;humanize&quot; the defendant which may include, among other things, a possible history of child abuse, positive personal successes, volunteer work, and/or church service<br /> * Possible alternatives to incarceration such as community-based probation, house arrest and/or placement in a half-way house<br /> * Specific community service that may be related to the offense such as speaking to students about the negative impact of drug abuse or criminal activity<br /> * Drug and/or alcohol treatment including placement in a specific facility coupled with outpatient therapy<br /> * Psychiatric and/or psychological counseling with placement in a specific hospital or work with a specific psychiatrist/psychologist<br /> * Victim restitution with a statement of remorse for the offense committed<br /> * Specific employment options coupled with a detailed work history<br /> * Letters of support and recommendations from community members which attest to the defendant's positive character and reputation in the community and the willingness to assist in the defendant's rehabilitation<br /> * Any challenges to incorrect information contained in the pre-sentence report<br /> * A detailed sentencing proposal which may include credit for time served<br /> <br /> While the above examples are not exhaustive of what defense counsel may or should present in a sentencing memorandum, it should be emphasized that defense counsel should strive to be as creative as possible in advocating for a lesser sentence. The goal of defense counsel should be to provide the court with any and all positive information about the defendant that would assist the court in its sentencing determination. <br /> <br /> <br /> == Preparation for Sentencing by Defense Counsel ==<br /> <br /> Given the facts above and the offenses that defendant has been convicted of, the following are recommendations for defense counsel to follow in preparing for sentencing. <br /> * Meet with client to discuss the fact that as a result of the burglary conviction he faces a statutory maximum of ten years in prison and for the DUI a minimum of 5 days in jail coupled with fines. Counsel should discuss the possibility of seeking house arrest, electronic monitoring or another strict level of probation in lieu of incarceration.<br /> * Instruct the client to draft a detailed personal history which includes an explanation of the fact that he burglarized his employer's home because he was seeking money for his drug dependency, his education and employment history, his long history of alcohol and drug abuse and what steps he has taken to address the problem, and any other steps he has taken to ensure that he will not engage in further criminal activity.<br /> * Work with the client to secure specific drug and alcohol treatment and ensure that the client is participating in the same.<br /> * Work with the client to secure specific housing and employment arrangements pre and post sentencing.<br /> * Make arrangements for the client to pay restitution to the victim/former employer. Counsel should enquire with the prosecutor about the victim/former employer's willingness to speak with the client and possibly, upon acceptance of restitution, of employing the client in the future.<br /> * Have the client secure letters of recommendation from family and community members including friends, teachers, clergy, counselors and mentors. These letters should advise the court of which individuals are willing to assist the client when he is in the community.<br /> * Contact the probation department, in particular, the investigator who will be drafting the pre-sentence report to facilitate any meetings with the client and to make the investigator aware of any and all programs and activities that the client is participating in prior to sentencing. Accompany the client to the meeting with the probation department.<br /> * Make arrangements for getting the client involved in specific community service prior to and post sentencing such as speaking to students about drug and alcohol addiction.<br /> <br /> ==Sentencing Basics==<br /> At sentencing, the defendant's sentence may include one or a combination of the following: incarceration, fines, probation, restitution, community service drug and alcohol treatment, and psychiatric/psychological counseling. A defendant may also receive a &quot;suspended sentence&quot; in which a period of incarceration is suspended for a period of probation. <br /> <br /> * [[Death Sentence]]<br /> * [[Incarceration]]<br /> * Suspended Sentence or [[Probation]]<br /> * [[House Arrest / Electronic Monitoring]]<br /> * [[Fines]]<br /> * [[Restitution]]<br /> * [[Community Service]]<br /> <br /> == Sentencing Definitions==<br /> <br /> * [[Concurrent sentence]]<br /> * [[Consecutive sentence]]<br /> * [[Deferred sentence]]<br /> * [[Determinate sentence]]<br /> * [[Indeterminate sentence]] <br /> * [[Life sentence]]<br /> * [[Mandatory sentence]]<br /> * [[Maximum sentence]]<br /> * [[Minimum sentence]]<br /> * [[Presumptive sentence]]<br /> * [[Straight or flat sentence]]<br /> * [[Suspended Sentence]]<br /> <br /> == Other ==<br /> <br /> * [[Double Jeapardy]]<br /> * [[Lesser Charges]]</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Suspended_Sentence&diff=278 2010-04-09T14:03:29Z

<p>213.3.41.111: Created page with &#039;A sentence that may refer to the withholding or postponing of a sentence following a conviction or it may refer to the postponing of the execution of a sentence after it has been�&#039;</p> <hr /> <div>A sentence that may refer to the withholding or postponing of a sentence following a conviction or it may refer to the postponing of the execution of a sentence after it has been pronounced.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Sentencing&diff=277 2010-04-09T14:03:17Z

<p>213.3.41.111: </p> <hr /> <div>== Background on Sentencing ==<br /> <br /> <br /> Sentencing takes place after a defendant is convicted of a crime. The conviction can be the result of a trial verdict or a guilty plea. For minor offenses, sentencing typically occurs immediately after the conviction. For more serious and/or complex cases, the sentencing judge will set a date for sentencing. <br /> <br /> <br /> == Sentencing: Process ==<br /> <br /> <br /> Generally, the court will impose a sentence that is within a range set by statute for the crime committed. The schedule of sentences or the sentencing range is codified by the state law or statute of the jurisdiction in which the crime occurred. In the United States, we look to different schedules of sentences depending upon (1) the state where the crime was committed or (2) the federal statute for the particular crime. The federal system has advisory guidelines to assist and restrict the court in imposing sentence. The guidelines take into account factors such as the seriousness of the crime, whether the defendant has prior convictions, whether the defendant was a &quot;ringleader&quot; and whether the defendant abused a position of trust. Some states also have guidelines, but most leave the sentence to the court within the range set by the particular statute.<br /> <br /> In a sentencing for a crime on the state or local level, the sentencing judge will consider information from a number of sources in determining an appropriate sentence. Those sources, among others, are the defendant's criminal history, the nature of the crime, the defendant's personal circumstances, and the defendant's expression of remorse. <br /> <br /> In some jurisdictions, and in the federal system, the judge will order a pre-sentence report which is prepared by the probation department. The pre-sentence report will investigate the defendant's background and mitigating circumstances and make a sentencing recommendation. The pre-sentence report considers, in particular, the defendant's criminal history, the nature of the crime, the defendant's personal circumstances and the defendant's level of remorse.<br /> <br /> It is important to note that the rules of evidence typically do not apply at sentencing. Many of the facts that the judge considers at sentencing are not elements of the offense and, as such, they will not have been established by the finding of the defendant's guilt. For example, in a state court case in which the defendant was convicted by a jury of possession of drug paraphernalia with intent to manufacture methamphetamine, the sentencing court admitted evidence of other drug offenses that occurred subsequent to the charged offense. The court considered testimony during the sentencing phase by a police detective about his contact with the defendant on two separate occasions subsequent to the defendant's arrest for the present conviction was admissible at sentencing. Courts have also held that hearsay testimony, which otherwise would have been inadmissible at trial, may be considered at sentencing; however, the information must have sufficient indicia of reliability to support its probable accuracy.<br /> <br /> The judge will also consider input from the prosecution and defense in determining the sentence. The court will afford defense counsel the opportunity to comment on the probation office's recommendations contained in the pre-sentence report and, at times, to present testimony and evidence on any objections to the same. The court is also required to permit defense counsel the opportunity to speak on the defendant's behalf and the court must address the defendant personally to determine whether the individual desires to make a statement or present any evidence in mitigation.<br /> <br /> To counter any &quot;aggravating factors&quot; raised by the prosecution, it is advisable for the defense to submit, at a minimum, a sentencing memorandum which sets forth various mitigating circumstances in an attempt to reduce the severity of the defendant's sentence. For example, the defense may want to provide in its memorandum:<br /> <br /> * A detailed personal history of the defendant in an effort to &quot;humanize&quot; the defendant which may include, among other things, a possible history of child abuse, positive personal successes, volunteer work, and/or church service<br /> * Possible alternatives to incarceration such as community-based probation, house arrest and/or placement in a half-way house<br /> * Specific community service that may be related to the offense such as speaking to students about the negative impact of drug abuse or criminal activity<br /> * Drug and/or alcohol treatment including placement in a specific facility coupled with outpatient therapy<br /> * Psychiatric and/or psychological counseling with placement in a specific hospital or work with a specific psychiatrist/psychologist<br /> * Victim restitution with a statement of remorse for the offense committed<br /> * Specific employment options coupled with a detailed work history<br /> * Letters of support and recommendations from community members which attest to the defendant's positive character and reputation in the community and the willingness to assist in the defendant's rehabilitation<br /> * Any challenges to incorrect information contained in the pre-sentence report<br /> * A detailed sentencing proposal which may include credit for time served<br /> <br /> While the above examples are not exhaustive of what defense counsel may or should present in a sentencing memorandum, it should be emphasized that defense counsel should strive to be as creative as possible in advocating for a lesser sentence. The goal of defense counsel should be to provide the court with any and all positive information about the defendant that would assist the court in its sentencing determination. <br /> <br /> ==Sentencing Basics==<br /> At sentencing, the defendant's sentence may include one or a combination of the following: incarceration, fines, probation, restitution, community service drug and alcohol treatment, and psychiatric/psychological counseling. A defendant may also receive a &quot;suspended sentence&quot; in which a period of incarceration is suspended for a period of probation. <br /> <br /> * [[Death Sentence]]<br /> * [[Incarceration]]<br /> * Suspended Sentence or [[Probation]]<br /> * [[House Arrest / Electronic Monitoring]]<br /> * [[Fines]]<br /> * [[Restitution]]<br /> * [[Community Service]]<br /> <br /> == Sentencing Definitions==<br /> <br /> * [[Concurrent sentence]]<br /> * [[Consecutive sentence]]<br /> * [[Deferred sentence]]<br /> * [[Determinate sentence]]<br /> * [[Indeterminate sentence]] <br /> * [[Life sentence]]<br /> * [[Mandatory sentence]]<br /> * [[Maximum sentence]]<br /> * [[Minimum sentence]]<br /> * [[Presumptive sentence]]<br /> * [[Straight or flat sentence]]<br /> * [[Suspended Sentence]]<br /> <br /> == Other ==<br /> <br /> * [[Double Jeapardy]]<br /> * [[Lesser Charges]]</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Straight_or_flat_sentence&diff=276 2010-04-09T14:02:52Z

<p>213.3.41.111: Created page with &#039;A sentence that is a fixed sentence without a maximum or minimum.&#039;</p> <hr /> <div>A sentence that is a fixed sentence without a maximum or minimum.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Presumptive_sentence&diff=275 2010-04-09T14:02:35Z

<p>213.3.41.111: Created page with &#039;A sentence that exists in many states by statute. It specifies an appropriate or &quot;normal&quot; sentence for each offense to be used as a baseline for a judge when meting out a pun�&#039;</p> <hr /> <div>A sentence that exists in many states by statute. It specifies an appropriate or &quot;normal&quot; sentence for each offense to be used as a baseline for a judge when meting out a punishment. The statutory presumptive sentence is considered along with other relevant factors (aggravating or mitigating circumstances) in determining the actual sentence. Most states have statutory &quot;presumptive guidelines&quot; for major or common offenses.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Minimum_sentence&diff=274 2010-04-09T14:02:20Z

<p>213.3.41.111: Created page with &#039;A sentence that represents the minimum punishment or the minimum time a convicted person must spend in prison before becoming eligible for parole or release.&#039;</p> <hr /> <div>A sentence that represents the minimum punishment or the minimum time a convicted person must spend in prison before becoming eligible for parole or release.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Maximum_sentence&diff=273 2010-04-09T14:02:05Z

<p>213.3.41.111: Created page with &#039;A sentence that represents the outer limit of a punishment, beyond which a convicted person may not be held in custody.&#039;</p> <hr /> <div>A sentence that represents the outer limit of a punishment, beyond which a convicted person may not be held in custody.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Mandatory_sentence&diff=272 2010-04-09T14:01:49Z

<p>213.3.41.111: Created page with &#039;A sentence that is created by state statute and represents the rendering of a punishment for which a judge has no room for discretion. Generally it means that the sentence may no�&#039;</p> <hr /> <div>A sentence that is created by state statute and represents the rendering of a punishment for which a judge has no room for discretion. Generally it means that the sentence may not be suspended and that no probation may be imposed, leaving the judge with no alternative but the &quot;mandated&quot; sentence.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Life_sentence&diff=271 2010-04-09T14:01:31Z

<p>213.3.41.111: Created page with &#039;A sentence in which the convicted person spends the remainder of his life in prison.&#039;</p> <hr /> <div>A sentence in which the convicted person spends the remainder of his life in prison.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Indeterminate_sentence&diff=270 2010-04-09T14:01:13Z

<p>213.3.41.111: Created page with &#039;A sentence that states that the period shall be &quot;not more than&quot; or &quot;not less than&quot; a certain prescribed duration of time. The authority to render indeterminate sentences �&#039;</p> <hr /> <div>A sentence that states that the period shall be &quot;not more than&quot; or &quot;not less than&quot; a certain prescribed duration of time. The authority to render indeterminate sentences is usually granted by statute in several states.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Determinate_sentence&diff=269 2010-04-09T14:00:58Z

<p>213.3.41.111: Created page with &#039;A sentence that is for a fixed period of time.&#039;</p> <hr /> <div>A sentence that is for a fixed period of time.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Deferred_sentence&diff=268 2010-04-09T14:00:40Z

<p>213.3.41.111: Created page with &#039;A sentence that is postponed until some later time.&#039;</p> <hr /> <div>A sentence that is postponed until some later time.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Consecutive_sentence&diff=267 2010-04-09T14:00:24Z

<p>213.3.41.111: Created page with &#039;A sentence that occurs when a defendant has been convicted of several counts, each one constituting a distinct offense or crime, or when a defendant has been convicted of several�&#039;</p> <hr /> <div>A sentence that occurs when a defendant has been convicted of several counts, each one constituting a distinct offense or crime, or when a defendant has been convicted of several crimes at the same time. The sentences for each crime are then &quot;tacked&quot; on to each other, so that each sentence begins immediately upon the expiration of the previous one.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Concurrent_sentence&diff=266 2010-04-09T14:00:03Z

<p>213.3.41.111: Created page with &#039;A sentence that is served at the same time as another sentence imposed earlier or at the same proceeding.&#039;</p> <hr /> <div>A sentence that is served at the same time as another sentence imposed earlier or at the same proceeding.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Sentencing&diff=265 2010-04-09T13:59:45Z

<p>213.3.41.111: </p> <hr /> <div>== Background on Sentencing ==<br /> <br /> <br /> Sentencing takes place after a defendant is convicted of a crime. The conviction can be the result of a trial verdict or a guilty plea. For minor offenses, sentencing typically occurs immediately after the conviction. For more serious and/or complex cases, the sentencing judge will set a date for sentencing. <br /> <br /> <br /> == Sentencing: Process ==<br /> <br /> <br /> Generally, the court will impose a sentence that is within a range set by statute for the crime committed. The schedule of sentences or the sentencing range is codified by the state law or statute of the jurisdiction in which the crime occurred. In the United States, we look to different schedules of sentences depending upon (1) the state where the crime was committed or (2) the federal statute for the particular crime. The federal system has advisory guidelines to assist and restrict the court in imposing sentence. The guidelines take into account factors such as the seriousness of the crime, whether the defendant has prior convictions, whether the defendant was a &quot;ringleader&quot; and whether the defendant abused a position of trust. Some states also have guidelines, but most leave the sentence to the court within the range set by the particular statute.<br /> <br /> In a sentencing for a crime on the state or local level, the sentencing judge will consider information from a number of sources in determining an appropriate sentence. Those sources, among others, are the defendant's criminal history, the nature of the crime, the defendant's personal circumstances, and the defendant's expression of remorse. <br /> <br /> In some jurisdictions, and in the federal system, the judge will order a pre-sentence report which is prepared by the probation department. The pre-sentence report will investigate the defendant's background and mitigating circumstances and make a sentencing recommendation. The pre-sentence report considers, in particular, the defendant's criminal history, the nature of the crime, the defendant's personal circumstances and the defendant's level of remorse.<br /> <br /> It is important to note that the rules of evidence typically do not apply at sentencing. Many of the facts that the judge considers at sentencing are not elements of the offense and, as such, they will not have been established by the finding of the defendant's guilt. For example, in a state court case in which the defendant was convicted by a jury of possession of drug paraphernalia with intent to manufacture methamphetamine, the sentencing court admitted evidence of other drug offenses that occurred subsequent to the charged offense. The court considered testimony during the sentencing phase by a police detective about his contact with the defendant on two separate occasions subsequent to the defendant's arrest for the present conviction was admissible at sentencing. Courts have also held that hearsay testimony, which otherwise would have been inadmissible at trial, may be considered at sentencing; however, the information must have sufficient indicia of reliability to support its probable accuracy.<br /> <br /> The judge will also consider input from the prosecution and defense in determining the sentence. The court will afford defense counsel the opportunity to comment on the probation office's recommendations contained in the pre-sentence report and, at times, to present testimony and evidence on any objections to the same. The court is also required to permit defense counsel the opportunity to speak on the defendant's behalf and the court must address the defendant personally to determine whether the individual desires to make a statement or present any evidence in mitigation.<br /> <br /> To counter any &quot;aggravating factors&quot; raised by the prosecution, it is advisable for the defense to submit, at a minimum, a sentencing memorandum which sets forth various mitigating circumstances in an attempt to reduce the severity of the defendant's sentence. For example, the defense may want to provide in its memorandum:<br /> <br /> * A detailed personal history of the defendant in an effort to &quot;humanize&quot; the defendant which may include, among other things, a possible history of child abuse, positive personal successes, volunteer work, and/or church service<br /> * Possible alternatives to incarceration such as community-based probation, house arrest and/or placement in a half-way house<br /> * Specific community service that may be related to the offense such as speaking to students about the negative impact of drug abuse or criminal activity<br /> * Drug and/or alcohol treatment including placement in a specific facility coupled with outpatient therapy<br /> * Psychiatric and/or psychological counseling with placement in a specific hospital or work with a specific psychiatrist/psychologist<br /> * Victim restitution with a statement of remorse for the offense committed<br /> * Specific employment options coupled with a detailed work history<br /> * Letters of support and recommendations from community members which attest to the defendant's positive character and reputation in the community and the willingness to assist in the defendant's rehabilitation<br /> * Any challenges to incorrect information contained in the pre-sentence report<br /> * A detailed sentencing proposal which may include credit for time served<br /> <br /> While the above examples are not exhaustive of what defense counsel may or should present in a sentencing memorandum, it should be emphasized that defense counsel should strive to be as creative as possible in advocating for a lesser sentence. The goal of defense counsel should be to provide the court with any and all positive information about the defendant that would assist the court in its sentencing determination. <br /> <br /> ==Sentencing Basics==<br /> At sentencing, the defendant's sentence may include one or a combination of the following: incarceration, fines, probation, restitution, community service drug and alcohol treatment, and psychiatric/psychological counseling. A defendant may also receive a &quot;suspended sentence&quot; in which a period of incarceration is suspended for a period of probation. <br /> <br /> * [[Death Sentence]]<br /> * [[Incarceration]]<br /> * Suspended Sentence or [[Probation]]<br /> * [[House Arrest / Electronic Monitoring]]<br /> * [[Fines]]<br /> * [[Restitution]]<br /> * [[Community Service]]<br /> <br /> == Sentencing Definitions==<br /> <br /> * [[Concurrent sentence]]<br /> * [[Consecutive sentence]]<br /> * [[Deferred sentence]]<br /> * [[Determinate sentence]]<br /> * [[Indeterminate sentence]] <br /> * [[Life sentence]]<br /> * [[Mandatory sentence]]<br /> * [[Maximum sentence]]<br /> * [[Minimum sentence]]<br /> * [[Presumptive sentence]]<br /> * [[Straight or flat sentence]]<br /> <br /> == Other ==<br /> <br /> * [[Double Jeapardy]]<br /> * [[Lesser Charges]]<br /> * Life Imprisonment</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Sentencing&diff=264 2010-04-09T13:51:53Z

<p>213.3.41.111: </p> <hr /> <div>== Background on Sentencing ==<br /> <br /> <br /> Sentencing takes place after a defendant is convicted of a crime. The conviction can be the result of a trial verdict or a guilty plea. For minor offenses, sentencing typically occurs immediately after the conviction. For more serious and/or complex cases, the sentencing judge will set a date for sentencing. <br /> <br /> <br /> == Sentencing: Process ==<br /> <br /> <br /> Generally, the court will impose a sentence that is within a range set by statute for the crime committed. The schedule of sentences or the sentencing range is codified by the state law or statute of the jurisdiction in which the crime occurred. In the United States, we look to different schedules of sentences depending upon (1) the state where the crime was committed or (2) the federal statute for the particular crime. The federal system has advisory guidelines to assist and restrict the court in imposing sentence. The guidelines take into account factors such as the seriousness of the crime, whether the defendant has prior convictions, whether the defendant was a &quot;ringleader&quot; and whether the defendant abused a position of trust. Some states also have guidelines, but most leave the sentence to the court within the range set by the particular statute.<br /> <br /> In a sentencing for a crime on the state or local level, the sentencing judge will consider information from a number of sources in determining an appropriate sentence. Those sources, among others, are the defendant's criminal history, the nature of the crime, the defendant's personal circumstances, and the defendant's expression of remorse. <br /> <br /> In some jurisdictions, and in the federal system, the judge will order a pre-sentence report which is prepared by the probation department. The pre-sentence report will investigate the defendant's background and mitigating circumstances and make a sentencing recommendation. The pre-sentence report considers, in particular, the defendant's criminal history, the nature of the crime, the defendant's personal circumstances and the defendant's level of remorse.<br /> <br /> It is important to note that the rules of evidence typically do not apply at sentencing. Many of the facts that the judge considers at sentencing are not elements of the offense and, as such, they will not have been established by the finding of the defendant's guilt. For example, in a state court case in which the defendant was convicted by a jury of possession of drug paraphernalia with intent to manufacture methamphetamine, the sentencing court admitted evidence of other drug offenses that occurred subsequent to the charged offense. The court considered testimony during the sentencing phase by a police detective about his contact with the defendant on two separate occasions subsequent to the defendant's arrest for the present conviction was admissible at sentencing. Courts have also held that hearsay testimony, which otherwise would have been inadmissible at trial, may be considered at sentencing; however, the information must have sufficient indicia of reliability to support its probable accuracy.<br /> <br /> The judge will also consider input from the prosecution and defense in determining the sentence. The court will afford defense counsel the opportunity to comment on the probation office's recommendations contained in the pre-sentence report and, at times, to present testimony and evidence on any objections to the same. The court is also required to permit defense counsel the opportunity to speak on the defendant's behalf and the court must address the defendant personally to determine whether the individual desires to make a statement or present any evidence in mitigation.<br /> <br /> To counter any &quot;aggravating factors&quot; raised by the prosecution, it is advisable for the defense to submit, at a minimum, a sentencing memorandum which sets forth various mitigating circumstances in an attempt to reduce the severity of the defendant's sentence. For example, the defense may want to provide in its memorandum:<br /> <br /> * A detailed personal history of the defendant in an effort to &quot;humanize&quot; the defendant which may include, among other things, a possible history of child abuse, positive personal successes, volunteer work, and/or church service<br /> * Possible alternatives to incarceration such as community-based probation, house arrest and/or placement in a half-way house<br /> * Specific community service that may be related to the offense such as speaking to students about the negative impact of drug abuse or criminal activity<br /> * Drug and/or alcohol treatment including placement in a specific facility coupled with outpatient therapy<br /> * Psychiatric and/or psychological counseling with placement in a specific hospital or work with a specific psychiatrist/psychologist<br /> * Victim restitution with a statement of remorse for the offense committed<br /> * Specific employment options coupled with a detailed work history<br /> * Letters of support and recommendations from community members which attest to the defendant's positive character and reputation in the community and the willingness to assist in the defendant's rehabilitation<br /> * Any challenges to incorrect information contained in the pre-sentence report<br /> * A detailed sentencing proposal which may include credit for time served<br /> <br /> While the above examples are not exhaustive of what defense counsel may or should present in a sentencing memorandum, it should be emphasized that defense counsel should strive to be as creative as possible in advocating for a lesser sentence. The goal of defense counsel should be to provide the court with any and all positive information about the defendant that would assist the court in its sentencing determination. <br /> <br /> <br /> == Other ==<br /> <br /> * [[Double Jeapardy]]<br /> * [[Lesser Charges]]<br /> * Death Penalty<br /> * Life Imprisonment</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Sentencing&diff=263 2010-04-09T13:51:20Z

<p>213.3.41.111: </p> <hr /> <div><br /> == Background on Sentencing ==<br /> <br /> <br /> Sentencing takes place after a defendant is convicted of a crime. The conviction can be the result of a trial verdict or a guilty plea. For minor offenses, sentencing typically occurs immediately after the conviction. For more serious and/or complex cases, the sentencing judge will set a date for sentencing. <br /> <br /> <br /> == Sentencing: Process ==<br /> <br /> <br /> Generally, the court will impose a sentence that is within a range set by statute for the crime committed. The schedule of sentences or the sentencing range is codified by the state law or statute of the jurisdiction in which the crime occurred. In the United States, we look to different schedules of sentences depending upon (1) the state where the crime was committed or (2) the federal statute for the particular crime. The federal system has advisory guidelines to assist and restrict the court in imposing sentence. The guidelines take into account factors such as the seriousness of the crime, whether the defendant has prior convictions, whether the defendant was a &quot;ringleader&quot; and whether the defendant abused a position of trust. Some states also have guidelines, but most leave the sentence to the court within the range set by the particular statute.<br /> <br /> In a sentencing for a crime on the state or local level, the sentencing judge will consider information from a number of sources in determining an appropriate sentence. Those sources, among others, are the defendant's criminal history, the nature of the crime, the defendant's personal circumstances, and the defendant's expression of remorse. <br /> <br /> In some jurisdictions, and in the federal system, the judge will order a pre-sentence report which is prepared by the probation department. The pre-sentence report will investigate the defendant's background and mitigating circumstances and make a sentencing recommendation. The pre-sentence report considers, in particular, the defendant's criminal history, the nature of the crime, the defendant's personal circumstances and the defendant's level of remorse.<br /> <br /> It is important to note that the rules of evidence typically do not apply at sentencing. Many of the facts that the judge considers at sentencing are not elements of the offense and, as such, they will not have been established by the finding of the defendant's guilt. For example, in a state court case in which the defendant was convicted by a jury of possession of drug paraphernalia with intent to manufacture methamphetamine, the sentencing court admitted evidence of other drug offenses that occurred subsequent to the charged offense. The court considered testimony during the sentencing phase by a police detective about his contact with the defendant on two separate occasions subsequent to the defendant's arrest for the present conviction was admissible at sentencing. Courts have also held that hearsay testimony, which otherwise would have been inadmissible at trial, may be considered at sentencing; however, the information must have sufficient indicia of reliability to support its probable accuracy.<br /> <br /> The judge will also consider input from the prosecution and defense in determining the sentence. The court will afford defense counsel the opportunity to comment on the probation office's recommendations contained in the pre-sentence report and, at times, to present testimony and evidence on any objections to the same. The court is also required to permit defense counsel the opportunity to speak on the defendant's behalf and the court must address the defendant personally to determine whether the individual desires to make a statement or present any evidence in mitigation.<br /> <br /> To counter any &quot;aggravating factors&quot; raised by the prosecution, it is advisable for the defense to submit, at a minimum, a sentencing memorandum which sets forth various mitigating circumstances in an attempt to reduce the severity of the defendant's sentence. For example, the defense may want to provide in its memorandum:<br /> <br /> * A detailed personal history of the defendant in an effort to &quot;humanize&quot; the defendant which may include, among other things, a possible history of child abuse, positive personal successes, volunteer work, and/or church service<br /> * Possible alternatives to incarceration such as community-based probation, house arrest and/or placement in a half-way house<br /> * Specific community service that may be related to the offense such as speaking to students about the negative impact of drug abuse or criminal activity<br /> * Drug and/or alcohol treatment including placement in a specific facility coupled with outpatient therapy<br /> * Psychiatric and/or psychological counseling with placement in a specific hospital or work with a specific psychiatrist/psychologist<br /> * Victim restitution with a statement of remorse for the offense committed<br /> * Specific employment options coupled with a detailed work history<br /> * Letters of support and recommendations from community members which attest to the defendant's positive character and reputation in the community and the willingness to assist in the defendant's rehabilitation<br /> * Any challenges to incorrect information contained in the pre-sentence report<br /> * A detailed sentencing proposal which may include credit for time served<br /> <br /> While the above examples are not exhaustive of what defense counsel may or should present in a sentencing memorandum, it should be emphasized that defense counsel should strive to be as creative as possible in advocating for a lesser sentence. The goal of defense counsel should be to provide the court with any and all positive information about the defendant that would assist the court in its sentencing determination. <br /> <br /> <br /> == Other ==<br /> <br /> * [[Double Jeapardy]]<br /> * [[Lesser Charges]<br /> * Death Penalty<br /> * Life Imprisonment</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Appeals&diff=262 2010-04-09T13:49:14Z

<p>213.3.41.111: </p> <hr /> <div>== Background on Appeals ==<br /> <br /> An appeal is a direct attack on a conviction filed with another court that has jurisdiction over the case. After a defendant has been convicted of a crime, he may appeal the ruling to a higher court. In the United States, appellate courts do not retry the case; instead they examine the record of the proceedings in the lower court to determine if any errors were made that require a new trial, re-sentencing, or a complete discharge of the defendant. The judges on appeal are looking for errors which may have changed the verdict, and will disregard errors which they believe did not have an effect. <br /> <br /> Defendants have a guaranteed right to file an appeal of any criminal conviction, regardless of the circumstances of the case and the trial. A criminal conviction that has not been pardoned, expunged or successfully appealed becomes part of a defendant's permanent criminal record. A criminal record may make it more difficult for a defendant to secure employment and pass background checks.<br /> <br /> Depending on the jurisdiction and court, a defendant who has been convicted may have either an automatic right to appeal, or a discretionary right to appeal. For instance, in the United States all criminal defendants have an automatic right to appeal from a conviction at trial. Appeals to State Supreme Courts and the United States Supreme Court are discretionary.<br /> <br /> ==Limits on the Right to Appeal==<br /> * Timeliness - In most jurisdictions a defendant has a specific period of time in which he must file for an appeal. Failure to file in the statutory limit an be deemed a waiver of the right to appeal. <br /> * Waiver - The defendant may agree in writing to waive their right to appeal.<br /> * Presevation - A defendant who disagrees with a judge's ruling should strive to make a timely and specific objection to the ruling in order to preserve the issue for appeal. Failure to do so may be deemed a waiver of the error by the appeals judge. The rationale behind this rule is that a defendant is obligated to cure error as soon as it occurs to increase both the speed and accuracy of case outcomes. Furthermore, a defendant who strategically decides to forgo raising an error at trial should not be able to raise that same error at a later date.<br /> * Harmless [[Error]] - In those cases where an error is preserved, the court may determine that the error is harmless and would not have affected the outcome of the case. Generally, there are two types of errors: those that are subject to harmless error analysis and those that, once proven, automatically result in reversal or modification of the conviction.<br /> <br /> <br /> == The Appellate Process ==<br /> <br /> <br /> If a defendant has been found guilty of a crime and feels that his criminal trial was not conducted according to the letter of the law, the defendant can appeal his conviction. In order to file an appeal:<br /> <br /> * It is important to know the grounds on which the defendant can file for an appeal. Trials that had fundamental errors in the criminal trial process or court errors that had a substantial negative impact on the outcome of the case are good issues for appeal.<br /> * In most U.S. states, a judge in an intermediate appellate court conducts the appeal. This judge reviews the court records and comes to a conclusion as to whether the defendant's right to a fair trial or due process was violated.<br /> * The parties to an appeal submit written &quot;briefs&quot; to the appellate court, along with a copy of the trial court transcript and any exhibits that were used a trial. Oral arguments may be scheduled. Arguments are typically very short in duration, and tend to focus on the legal issues.<br /> * The defense lawyer should understand the defendant's due process rights. The defendant has the right to both procedural due process and substantive due process. Procedural due process involves the safeguard's to a person's liberty and property, set forth in the Constitution, such as the right to an attorney, the right to appointed counsel, the right to compel witnesses to appear at trial, and the right to obtain a transcript of trial proceedings. Substantive due process involves the broad notion that a person shall not be arbitrarily deprived of his life, liberty, or property. If a defendant is deprived of the opportunity to appeal a court decision, or is convicted when the prosecutor fails to produce evidence which tends to prove that person's innocence, his substantive due process rights have been violated.<br /> * An appeal can be filed upon the defendant's conviction or upon the defendant's sentencing if defendant wishes to appeal the sentence but not the conviction.<br /> <br /> <br /> == If the Defendant Loses the Initial Appeal ==<br /> <br /> The first level of appeal is usually to an intermediate level appellate court. If a defendant loses again at the intermediate level, it is possible to appeal to the Supreme Court. Afterwards, it is possible to pursue relief through the National courts or through Habeas Corpus proceedings. In many cases, after the initial appeal, the defendant must request permission before filing an appeal with a new court. <br /> <br /> <br /> == If the Defendant Wins the Appeal ==<br /> <br /> If the defendant wins his appeal, the prosecutor will have the option of appealing to a higher court. Sometimes, after a defendant wins an appeal, the prosecutor will offer the defendant the opportunity to plead guilty to an offence, with a sentence of &quot;time served.&quot; This can be a good deal for the defendant, who may not want to risk being again convicted if the case is retried, and whose immediate priority may be getting out of prison. However, sometimes the defendant will insist that he is innocent and will demand a new trial. Other times, the prosecutor will refuse to plea bargain, insisting that the defendant belongs in prison.<br /> The court may apply any of the following remedies if the defendant wins the appeal:<br /> * Remand for a new trial<br /> * Reversal of conviction<br /> * Modification of sentence<br /> <br /> <br /> ==Collateral Attacks on Appeal==<br /> * Habeas Corpus<br /> * Judgement Notwithstanding the Verdict</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Lesser_Charges&diff=256 2010-04-09T13:39:46Z

<p>213.3.41.111: Created page with &#039;Sometimes a defendant will ask the judge to instruct the jury on a &quot;lesser charge.&quot; This gives the jury an opportunity to find the defendant guilty, but of a less serious cr�&#039;</p> <hr /> <div>Sometimes a defendant will ask the judge to instruct the jury on a &quot;lesser charge.&quot; This gives the jury an opportunity to find the defendant guilty, but of a less serious crime than originally charged. A lesser included charge means that there is an offense similar to the one the defendant is actually charged with that has different elements of proof. For a defendant to be entitled to an instruction on a lesser included offense, there must be some basis on which the jury could find the crime to be less than what the prosecution actually charged. The instruction should be given if the evidence provides a rational basis for a finding of guilt on the lesser offense and an acquittal of the greater. In determining whether to issue the instruction, the court must view the evidence in the light most favorable to the defendant. Such an instruction is often proper when there is some ambiguity in the prosecution's evidence or witnesses (either deduced from direct testimony or cross-examination). However, the defendant is not entitled to an instruction on a lesser-included offense where the prosecution offers uncontroverted evidence on an essential element of the crime.<br /> <br /> Some examples of &quot;lesser included offenses&quot; include manslaughter instead of murder, theft instead of burglary, and indecent assault instead of rape. <br /> <br /> In the United States, courts are required to give a lesser included offense instruction (if applicable) in a capital case. It is unconstitutional for a statute to prohibit such an instruction in a capital case, because the absence of the lesser included offense instruction increases the risk that a jury will convict the defendant simply to avoid setting him free.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Sentencing&diff=255 2010-04-09T13:39:24Z

<p>213.3.41.111: Created page with &#039;* Double Jeapardy * Lesser Charges&#039;</p> <hr /> <div>* [[Double Jeapardy]]<br /> * [[Lesser Charges]]</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Motions&diff=244 2010-04-09T11:52:51Z

<p>213.3.41.111: </p> <hr /> <div>Various motions that can be filed in criminal cases:<br /> <br /> * [[Motion to dismiss for failure to state a case]]</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Motions&diff=242 2010-04-09T11:52:01Z

<p>213.3.41.111: Created page with &#039;Various motions that can be filed in criminal cases: * Motion to Dismiss for failure to state a case&#039;</p> <hr /> <div>Various motions that can be filed in criminal cases:<br /> <br /> * [[Motion to Dismiss for failure to state a case]]</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Crimes&diff=239 2010-04-09T09:03:22Z

<p>213.3.41.111: /* Crimes Against Property */</p> <hr /> <div>Following is a list of common crimes that defendants are charged with:<br /> <br /> == Crimes Against the Person ==<br /> * [[Murder]]<br /> * [[Felony Murder]]<br /> * [[Manslaughter - Voluntary]]<br /> * [[Manslaughter - Involuntary]]<br /> * [[Assault]]<br /> * [[Battery]]<br /> * [[Mayhem]]<br /> * [[Rape]]<br /> * [[Kidnapping]]<br /> * [[Human or Sex Trafficking]]<br /> <br /> == Crimes Against Property ==<br /> * [[Arson]]<br /> * [[Blackmail]]<br /> * [[Burglary]]<br /> * [[Embezzlement]]<br /> * [[Extortion]]<br /> * [[False Pretenses]]<br /> * [[Larceny]]<br /> * [[Receiving Stolen Property]]<br /> * [[Robbery]]<br /> * [[Tresspass]]<br /> <br /> == Crimes Against the State ==<br /> * [[Treason]]<br /> * [[Possession or sale of controlled substances]]<br /> * [[Prostitution]]<br /> <br /> == Attempt ==<br /> <br /> == Conspiracy ==<br /> <br /> ==Accomplice Liability==<br /> <br /> ==Solicitation==<br /> == International Law Crimes ==<br /> * [[Genocide]]<br /> * [[Crimes against Humanity]]<br /> * [[War crimes]]<br /> * [[The Crime of Aggression]]</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Evidence&diff=238 2010-04-09T08:38:53Z

<p>213.3.41.111: </p> <hr /> <div>== Background ==<br /> * Relevance<br /> * Prejudice<br /> == Testimonial Evidence ==<br /> * Competency<br /> * Hearsay<br /> <br /> == Expert and Forensic Evidence ==<br /> *[[ Hair]]<br /> * [[DNA]]<br /> * [[Fingerprints]]<br /> * Ballistics<br /> <br /> == Identification Evidence ==<br /> * [[Eyewitness Misidentification]]</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Crimes&diff=130 2010-04-07T14:18:02Z

<p>213.3.41.111: /* Crimes Against the Person */</p> <hr /> <div>Following is a list of common crimes that defendants are charged with:<br /> <br /> == Crimes Against the Person ==<br /> * [[Murder]]<br /> * [[Felony Murder]]<br /> * [[Manslaughter - Voluntary]]<br /> * [[Manslaughter - Involuntary]]<br /> * [[Assault]]<br /> * [[Battery]]<br /> * [[Mayhem]]<br /> * [[Rape]]<br /> * [[Kidnapping]]<br /> * [[Human or Sex Trafficking]]<br /> <br /> == Crimes Against Property ==<br /> * [[Blackmail]]<br /> * [[Burglary]]<br /> * [[Embezzlement]]<br /> * [[Extortion]]<br /> * [[False Pretenses]]<br /> * [[Larceny]]<br /> * [[Receiving Stolen Property]]<br /> * [[Robbery]]<br /> * [[Tresspass]]<br /> <br /> <br /> == Crimes Against the State ==<br /> * [[Treason]]<br /> * [[Possession or sale of controlled substances]]<br /> * [[Prostitution]]<br /> <br /> == Attempt ==<br /> <br /> == Conspiracy ==<br /> <br /> ==Accomplice Liability==<br /> <br /> ==Solicitation==<br /> == International Law Crimes ==<br /> * [[Genocide]]<br /> * [[Crimes against Humanity]]<br /> * [[War crimes]]<br /> * [[The Crime of Aggression]]</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Crimes&diff=129 2010-04-07T14:04:42Z

<p>213.3.41.111: /* Attempt C */</p> <hr /> <div>Following is a list of common crimes that defendants are charged with:<br /> <br /> == Crimes Against the Person ==<br /> * [[Murder]]<br /> * [[Felony Murder]]<br /> * [[Manslaughter - Voluntary]]<br /> * [[Manslaughter - Involuntary]]<br /> * [[Assault]]<br /> * [[Battery]]<br /> * [[Mayhem]]<br /> * [[Rape]]<br /> * [[Kidnapping]]<br /> <br /> == Crimes Against Property ==<br /> * [[Blackmail]]<br /> * [[Burglary]]<br /> * [[Embezzlement]]<br /> * [[Extortion]]<br /> * [[False Pretenses]]<br /> * [[Larceny]]<br /> * [[Receiving Stolen Property]]<br /> * [[Robbery]]<br /> * [[Tresspass]]<br /> <br /> <br /> == Crimes Against the State ==<br /> * [[Treason]]<br /> * [[Possession or sale of controlled substances]]<br /> * [[Prostitution]]<br /> <br /> == Attempt ==<br /> <br /> == Conspiracy ==<br /> <br /> ==Accomplice Liability==<br /> <br /> ==Solicitation==<br /> == International Law Crimes ==<br /> * [[Genocide]]<br /> * [[Crimes against Humanity]]<br /> * [[War crimes]]<br /> * [[The Crime of Aggression]]</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Crimes&diff=128 2010-04-07T14:04:34Z

<p>213.3.41.111: </p> <hr /> <div>Following is a list of common crimes that defendants are charged with:<br /> <br /> == Crimes Against the Person ==<br /> * [[Murder]]<br /> * [[Felony Murder]]<br /> * [[Manslaughter - Voluntary]]<br /> * [[Manslaughter - Involuntary]]<br /> * [[Assault]]<br /> * [[Battery]]<br /> * [[Mayhem]]<br /> * [[Rape]]<br /> * [[Kidnapping]]<br /> <br /> == Crimes Against Property ==<br /> * [[Blackmail]]<br /> * [[Burglary]]<br /> * [[Embezzlement]]<br /> * [[Extortion]]<br /> * [[False Pretenses]]<br /> * [[Larceny]]<br /> * [[Receiving Stolen Property]]<br /> * [[Robbery]]<br /> * [[Tresspass]]<br /> <br /> <br /> == Crimes Against the State ==<br /> * [[Treason]]<br /> * [[Possession or sale of controlled substances]]<br /> * [[Prostitution]]<br /> <br /> == Attempt C ==<br /> <br /> == Conspiracy ==<br /> <br /> ==Accomplice Liability==<br /> <br /> ==Solicitation==<br /> == International Law Crimes ==<br /> * [[Genocide]]<br /> * [[Crimes against Humanity]]<br /> * [[War crimes]]<br /> * [[The Crime of Aggression]]</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Direct_Examination&diff=127 2010-04-07T14:02:19Z

<p>213.3.41.111: /* DON&#039;T: */</p> <hr /> <div><br /> == Background ==<br /> <br /> <br /> In the United States, after the opening statements, the prosecutor begins direct examination of his first witness. Direct examination consists of questioning by the party who called the witness and the witness's testimony under oath in response to such questioning. Direct examination is typically conducted to explain a party's story and elicit evidence that will satisfy that party's burden of proof. After the prosecution has finished calling all of its witnesses and such witnesses have been cross examined by the defense, the defense will have the opportunity to conduct a direct examination of its own witnesses who will then be cross-examined by the prosecution. The defense lawyer should carefully evaluate which witnesses he wants to testify at trial, including the criminal defendant. In the United States, the criminal defendant has the right not to testify at trial and for strategic reasons, the defense lawyer may counsel his client not to take the stand. The defense lawyer will have to consider whether he believes the witnesses he plans to call at trial will support his version of the events, whether the witnesses will be believed by the jury, and whether the witnesses could be effectively cross examined by the prosecution.<br /> <br /> <br /> == Process ==<br /> <br /> <br /> Direct examination offers the defense lawyer an opportunity to establish the foundation of his arguments and to communicate the themes of his case to the jury. Direct examination should begin with a series of background questions, the purpose of which is to introduce the witness to the jury and to make the witness appear personable, credible, and trustworthy. To accomplish this, the defense lawyer should ask open ended questions that will humanize the witness. For example, the defense lawyer should begin his questioning by asking, &quot;Sir, would you please introduce yourself to the jury,&quot; as opposed to more formal questions such as, &quot;Sir, please state and spell your full name for the jury.&quot; After eliciting the appropriate background information, the defense lawyer should next elicit testimony regarding facts relevant to his case. Usually these facts are presented in chronological order. The defense lawyer should use his questions to stretch out and highlight the important parts of the story. For example, if the defense lawyer wants to emphasize that his client was far away from the assault and therefore not involved, the defense lawyer can stretch out the testimony on this topic from an eye witness as follows.<br /> * Now, Mr. Eye Witness, you told the jury that my client was standing across the street from the site of the assault. I'd like to explore that a bit. How many lanes of traffic are on each side of this street?<br /> * How wide are the lanes of traffic?<br /> * Is there a bicycle path along the side of this street?<br /> * How wide is the bike path?<br /> * Is there a sidewalk?<br /> * How wide is the sidewalk?<br /> * Are cars parked on both sides of the street?<br /> * How many cars were parked on this street the day of the assault?<br /> <br /> <br /> == Tips for an Effective Direct Examination ==<br /> <br /> <br /> ===Dos===<br /> <br /> * Get the details. During direct examination, the defense lawyer should seek to paint a picture of his version of the events for the jury. The defense lawyer should elicit as many details as possible during direct examination, so that all the jurors have the same visual image in their minds. <br /> * Use Exhibits. The defense lawyer should use demonstrative aids whenever possible. Photos, maps, slides, videos and other visual aids will help the jurors understand the defense story and also keep them interested in the case. <br /> * Be Organized. A simple organization for direct examination answers the following questions: Who is the witness? When did the event happen? Where did it happen? Where was the witness when it happened? How did it happen? In order to make his examination easy to follow, the defense lawyer should signal the jury when moving from one topic to the next. For example, the defense lawyer should state, &quot;Now, let's move from your relationship with the defendant to the day of the event.&quot;<br /> <br /> ===Donts===<br /> <br /> * Confuse the jury. The defense lawyer should be careful not to ask questions of the witness that will blur the mental picture for the jurors. For example, the defense lawyer should avoid questions that call for superfluous details, statements that can be easily disputed, or facts that don't make sense. The defense lawyer should remember that he knows more about the case than the jurors ever will. He should view the case from the jurors' perspective and present only the information necessary for the jurors to understand the case.<br /> * Ignore the witness. The defense lawyer should be careful to listen to the witness and ask appropriate follow up questions so that the jury can understand the defense's version of events. The defense lawyer should be careful not to be too tied to his outline of questions, such that he ignores what the witness says. Follow up questions may be critical to eliciting the most effective testimony from a witness.<br /> * Ask leading questions. The defense lawyer should ask open ended questions that allow the witness to tell his version of the events. Leading questions are those that call for a yes or no answer and are usually not permitted during direct examination. For example, the defense lawyer should ask, &quot;Tell the jury what you saw on the evening of the assault&quot; as opposed to &quot;You didn't see the defendant the evening of the assault, did you?&quot;<br /> <br /> == Redirect Examination ==<br /> <br /> <br /> After the prosecution has the opportunity to cross examine the defense witnesses, the defense has an opportunity to conduct a redirect examination. Redirect examination is a chance for the defense lawyer to show the jury that the witness got it right on direct examination, that is to say, that the witness wasn't mistaken in his observation or didn't draw an illogical conclusion. Redirect examinations should be short and should only be conducted when it is necessary to rehabilitate the witness by clearing up an inconsistency created during the cross examination. Redirect examination cannot go beyond the scope of the direct examination.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Direct_Examination&diff=126 2010-04-07T14:02:08Z

<p>213.3.41.111: /* DO: */</p> <hr /> <div><br /> == Background ==<br /> <br /> <br /> In the United States, after the opening statements, the prosecutor begins direct examination of his first witness. Direct examination consists of questioning by the party who called the witness and the witness's testimony under oath in response to such questioning. Direct examination is typically conducted to explain a party's story and elicit evidence that will satisfy that party's burden of proof. After the prosecution has finished calling all of its witnesses and such witnesses have been cross examined by the defense, the defense will have the opportunity to conduct a direct examination of its own witnesses who will then be cross-examined by the prosecution. The defense lawyer should carefully evaluate which witnesses he wants to testify at trial, including the criminal defendant. In the United States, the criminal defendant has the right not to testify at trial and for strategic reasons, the defense lawyer may counsel his client not to take the stand. The defense lawyer will have to consider whether he believes the witnesses he plans to call at trial will support his version of the events, whether the witnesses will be believed by the jury, and whether the witnesses could be effectively cross examined by the prosecution.<br /> <br /> <br /> == Process ==<br /> <br /> <br /> Direct examination offers the defense lawyer an opportunity to establish the foundation of his arguments and to communicate the themes of his case to the jury. Direct examination should begin with a series of background questions, the purpose of which is to introduce the witness to the jury and to make the witness appear personable, credible, and trustworthy. To accomplish this, the defense lawyer should ask open ended questions that will humanize the witness. For example, the defense lawyer should begin his questioning by asking, &quot;Sir, would you please introduce yourself to the jury,&quot; as opposed to more formal questions such as, &quot;Sir, please state and spell your full name for the jury.&quot; After eliciting the appropriate background information, the defense lawyer should next elicit testimony regarding facts relevant to his case. Usually these facts are presented in chronological order. The defense lawyer should use his questions to stretch out and highlight the important parts of the story. For example, if the defense lawyer wants to emphasize that his client was far away from the assault and therefore not involved, the defense lawyer can stretch out the testimony on this topic from an eye witness as follows.<br /> * Now, Mr. Eye Witness, you told the jury that my client was standing across the street from the site of the assault. I'd like to explore that a bit. How many lanes of traffic are on each side of this street?<br /> * How wide are the lanes of traffic?<br /> * Is there a bicycle path along the side of this street?<br /> * How wide is the bike path?<br /> * Is there a sidewalk?<br /> * How wide is the sidewalk?<br /> * Are cars parked on both sides of the street?<br /> * How many cars were parked on this street the day of the assault?<br /> <br /> <br /> == Tips for an Effective Direct Examination ==<br /> <br /> <br /> ===Dos===<br /> <br /> * Get the details. During direct examination, the defense lawyer should seek to paint a picture of his version of the events for the jury. The defense lawyer should elicit as many details as possible during direct examination, so that all the jurors have the same visual image in their minds. <br /> * Use Exhibits. The defense lawyer should use demonstrative aids whenever possible. Photos, maps, slides, videos and other visual aids will help the jurors understand the defense story and also keep them interested in the case. <br /> * Be Organized. A simple organization for direct examination answers the following questions: Who is the witness? When did the event happen? Where did it happen? Where was the witness when it happened? How did it happen? In order to make his examination easy to follow, the defense lawyer should signal the jury when moving from one topic to the next. For example, the defense lawyer should state, &quot;Now, let's move from your relationship with the defendant to the day of the event.&quot;<br /> <br /> ===DON'T:===<br /> <br /> * Confuse the jury. The defense lawyer should be careful not to ask questions of the witness that will blur the mental picture for the jurors. For example, the defense lawyer should avoid questions that call for superfluous details, statements that can be easily disputed, or facts that don't make sense. The defense lawyer should remember that he knows more about the case than the jurors ever will. He should view the case from the jurors' perspective and present only the information necessary for the jurors to understand the case.<br /> * Ignore the witness. The defense lawyer should be careful to listen to the witness and ask appropriate follow up questions so that the jury can understand the defense's version of events. The defense lawyer should be careful not to be too tied to his outline of questions, such that he ignores what the witness says. Follow up questions may be critical to eliciting the most effective testimony from a witness.<br /> * Ask leading questions. The defense lawyer should ask open ended questions that allow the witness to tell his version of the events. Leading questions are those that call for a yes or no answer and are usually not permitted during direct examination. For example, the defense lawyer should ask, &quot;Tell the jury what you saw on the evening of the assault&quot; as opposed to &quot;You didn't see the defendant the evening of the assault, did you?&quot;<br /> <br /> <br /> == Redirect Examination ==<br /> <br /> <br /> After the prosecution has the opportunity to cross examine the defense witnesses, the defense has an opportunity to conduct a redirect examination. Redirect examination is a chance for the defense lawyer to show the jury that the witness got it right on direct examination, that is to say, that the witness wasn't mistaken in his observation or didn't draw an illogical conclusion. Redirect examinations should be short and should only be conducted when it is necessary to rehabilitate the witness by clearing up an inconsistency created during the cross examination. Redirect examination cannot go beyond the scope of the direct examination.</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Crimes&diff=103 2010-04-07T11:56:28Z

<p>213.3.41.111: Created page with &#039;Following is a list of common crimes that defendants are charged with: == Crimes Against the Person == * Murder * Felony Murder * Manslaughter - Voluntary * [[Mansla�&#039;</p> <hr /> <div>Following is a list of common crimes that defendants are charged with:<br /> <br /> == Crimes Against the Person ==<br /> * [[Murder]]<br /> * [[Felony Murder]]<br /> * [[Manslaughter - Voluntary]]<br /> * [[Manslaughter - Involuntary]]<br /> * [[Assault]]<br /> * [[Battery]]<br /> * [[Mayhem]]<br /> * [[Rape]]<br /> * [[Kidnapping]]<br /> <br /> == Crimes Against Property ==<br /> * [[Blackmail]]<br /> * [[Burglary]]<br /> * [[Embezzlement]]<br /> * [[Extortion]]<br /> * [[False Pretenses]]<br /> * [[Larceny]]<br /> * [[Receiving Stolen Property]]<br /> * [[Robbery]]<br /> * [[Tresspass]]<br /> <br /> <br /> == Crimes Agtainst the State ==<br /> * [[Treason]]<br /> * [[Possession or sale of controlled substances]]<br /> * [[Prostitution]]<br /> <br /> == International Law Crimes ==<br /> * [[Genocide]]<br /> * [[Crimes against Humanity]]<br /> * [[War crimes]]<br /> * [[The Crime of Aggression]]</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Criminal_Defense_Wiki:About&diff=102 2010-04-07T10:19:20Z

<p>213.3.41.111: </p> <hr /> <div>DefenseWiki is a project of International Bridges to Justice's Legal Training Resource Center.<br /> &lt;br&gt;&lt;br&gt;<br /> Contact&lt;br&gt;<br /> <br /> ATTN: IBJ Legal Training Resource Center&lt;br&gt;<br /> International Bridges to Justice&lt;br&gt;<br /> 64, rue de Monthoux&lt;br&gt;<br /> CH-1201 Geneva&lt;br&gt;<br /> Switzerland &lt;br&gt;<br /> &lt;br&gt;&lt;br&gt;<br /> Phone: +41 22 731 2441<br /> &lt;br&gt;<br /> Fax: +41 22 731 2483<br /> &lt;br&gt;&lt;br&gt;<br /> www.ibj.org [http://www.ibj.org]&lt;br&gt;<br /> www.justicemakers.net [http://www.justicemakers.net]</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Criminal_Defense_Wiki:About&diff=101 2010-04-07T10:18:58Z

<p>213.3.41.111: </p> <hr /> <div>DefenseWiki is a project of International Bridges to Justice's Legal Training Resource Center.<br /> &lt;br&gt;&lt;br&gt;<br /> Contact&lt;br&gt;<br /> <br /> ATTN: IBJ Legal Training Resource Center&lt;br&gt;<br /> International Bridges to Justice&lt;br&gt;<br /> 64, rue de Monthoux&lt;br&gt;<br /> CH-1201 Geneva&lt;br&gt;<br /> Switzerland &lt;br&gt;<br /> &lt;br&gt;&lt;br&gt;<br /> Phone: +41 22 731 2441<br /> &lt;br&gt;<br /> Fax: +41 22 731 2483<br /> &lt;br&gt;&lt;br&gt;<br /> [http://www.ibj.org]&lt;br&gt;<br /> [www.justicemakers.net]</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Criminal_Defense_Wiki:About&diff=100 2010-04-07T10:18:36Z

<p>213.3.41.111: </p> <hr /> <div>Defense Wiki is a project of International Bridges to Justice's Legal Training Resource Center.<br /> &lt;br&gt;&lt;br&gt;<br /> Contact&lt;br&gt;<br /> <br /> ATTN: IBJ Legal Training Resource Center&lt;br&gt;<br /> International Bridges to Justice&lt;br&gt;<br /> 64, rue de Monthoux&lt;br&gt;<br /> CH-1201 Geneva&lt;br&gt;<br /> Switzerland &lt;br&gt;<br /> &lt;br&gt;&lt;br&gt;<br /> Phone: +41 22 731 2441<br /> &lt;br&gt;<br /> Fax: +41 22 731 2483<br /> &lt;br&gt;&lt;br&gt;<br /> [www.ibj.org]&lt;br&gt;<br /> [www.justicemakers.net]</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Criminal_Defense_Wiki:About&diff=99 2010-04-07T10:17:52Z

<p>213.3.41.111: </p> <hr /> <div>Defense Wiki is a project of International Bridges to Justice's Legal Training Resource Center.<br /> &lt;br&gt;&lt;br&gt;<br /> Contact&lt;br&gt;<br /> <br /> ATTN: IBJ Legal Training Resource Center&lt;br&gt;<br /> International Bridges to Justice&lt;br&gt;<br /> 64, rue de Monthoux&lt;br&gt;<br /> CH-1201 Geneva&lt;br&gt;<br /> Switzerland &lt;br&gt;<br /> &lt;br&gt;&lt;br&gt;<br /> Phone: +41 22 731 2441<br /> Fax: +41 22 731 2483</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Criminal_Defense_Wiki:About&diff=98 2010-04-07T10:17:40Z

<p>213.3.41.111: </p> <hr /> <div>Defense Wiki is a project of International Bridges to Justice's Legal Training Resource Center.<br /> &lt;br&gt;<br /> Contact&lt;br&gt;<br /> &lt;br&gt;&lt;br&gt;<br /> ATTN: IBJ Legal Training Resource Center&lt;br&gt;<br /> International Bridges to Justice&lt;br&gt;<br /> 64, rue de Monthoux&lt;br&gt;<br /> CH-1201 Geneva&lt;br&gt;<br /> Switzerland &lt;br&gt;<br /> &lt;br&gt;&lt;br&gt;<br /> Phone: +41 22 731 2441<br /> Fax: +41 22 731 2483</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Criminal_Defense_Wiki:About&diff=97 2010-04-07T10:17:28Z

<p>213.3.41.111: </p> <hr /> <div>Defense Wiki is a project of International Bridges to Justice's Legal Training Resource Center.<br /> <br /> Contact<br /> <br /> ATTN: IBJ Legal Training Resource Center<br /> International Bridges to Justice<br /> 64, rue de Monthoux<br /> CH-1201 Geneva<br /> Switzerland <br /> &lt;br&gt;<br /> Phone: +41 22 731 2441<br /> Fax: +41 22 731 2483</div>

213.3.41.111 https://defensewiki.ibj.org/index.php?title=Criminal_Defense_Wiki:About&diff=96 2010-04-07T10:17:15Z

<p>213.3.41.111: </p> <hr /> <div>Defense Wiki is a project of International Bridges to Justice's Legal Training Resource Center.<br /> <br /> &lt;nowiki&gt;Contact<br /> <br /> ATTN: IBJ Legal Training Resource Center<br /> International Bridges to Justice<br /> 64, rue de Monthoux<br /> CH-1201 Geneva<br /> Switzerland <br /> <br /> Phone: +41 22 731 2441<br /> Fax: +41 22 731 2483&lt;/nowiki&gt;</div>

213.3.41.111