Pre-Sentence Advocacy
In the state court system, the process of determining a defendant’s sentence often begins prior to the formal sentencing phase of the case. It has been observed in recent years that a significant majority of defendants (around 97 percent) who are convicted of a felony or Class A misdemeanor offense choose to plead guilty rather than proceed to trial. During the guilty plea hearing in a typical case, certain facts relevant to sentencing are established, but a more comprehensive account of the sentencing facts is usually included in a Pre-Sentence Report prepared by the probation office.
During the guilty plea hearing, the court ensures that the defendant is informed about the statutory range of punishment applicable to their case. The court also emphasizes its responsibility to calculate the appropriate sentencing guideline range, consider potential departures from the guidelines, and take into account other sentencing factors outlined in the relevant state laws.
It is common for defendants who plead guilty to do so as a result of a plea agreement negotiated with the prosecution. Some plea agreements may also include provisions regarding the application of the sentencing guidelines to the defendant’s case.
The Benefit to the Accused
For the accused person who faces the prospect of conviction, pre-sentencing advocacy influences the conditions under which he or she may be required to live, quite possibly for the rest of his or her life.
The Benefit to the Community
For the community from which the accused person comes or to which he or she caused injury, pre- sentencing advocacy has the potential of contributing to the community members’ sense of justice, of restoring damage and easing pain among those who have suffered loss.
The Benefit to the Judges
For judges who may find the task of sentencing fraught with “discretion and doubts,” pre-sentencing advocacy offers assurances of accuracy, fair play, and rationality. Pre-sentencing advocacy helps courts balance competing values, such as punishment and compassion.