Services Available
State and Federal sentencing reports generally include all of the following items. However,
services easily can be tailored to include specific tasks as needed.
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Prepare Social History
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Review Pre-Sentence Report by Department of Corrections for accuracy
and alternative recommendations
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Obtain client records
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Find needed experts
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Coordinate treatment
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Prepare witnesses and client for Sentencing Hearing
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Produce or obtain photography, videos
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Find appropriate sources of community services
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Obtain letters of support
Federal Sentencing Advocacy
Thorough forensic social work and sentencing advocacy can be used effectively
at the federal level to discover “aggravating or mitigating circumstances
of a kind or to a degree, not adequately taken into consideration by the
Sentencing Commission in formulating the guidelines that should result in a
sentence different from that described.”
Prior to Booker, Judges granted downward departures that have held up
through the process of review and potential reversal wherein were used a number of
reasons or factors for reductions. Now that the guidelines are designated as advisory,
these factors (listed below) could be even more helpful in obtaining reasonable sentences.
- Learning disorders, reduced capacity / mental health
- Abusive / dysfunctional home environment
- Criminal family influence
- Drug / alcohol addiction of parents
- Neglect
- Cultural conflict
- The role of culture in confession statements
- Confluence of circumstances related to the crime and the defendant
- Aberrational nature of the defendant's conduct
- Susceptibility to abuse in prison
- Rehabilitation efforts, pre- and post- arrest
- Overstatement of criminal history