Sentencing memorandum example 2025

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  1. Click ‘Get Form’ to open the sentencing memorandum example in the editor.
  2. Begin by filling out the header section, including the case number and judge's name. This information is crucial for proper identification of the document.
  3. In the introduction section, clearly state the purpose of the memorandum. Use concise language to outline Mr. Client’s request for a specific sentence.
  4. Proceed to detail Mr. Client’s background and circumstances. Fill in relevant personal history, health issues, and family responsibilities that support your argument for leniency.
  5. Address the legal framework by summarizing key points from relevant statutes and case law that justify your proposed sentence.
  6. Conclude with a clear request for the desired sentence, ensuring it aligns with the arguments presented throughout the memorandum.

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The judge may consider a variety of aggravating or mitigating factors. These include whether the defendant has committed the same crime before, whether the defendant has expressed regret for the crime, and the nature of the crime itself.
A defense attorney can argue for an alternative sentence to that recommended by the prosecution. For example, the defendants attorney might argue that the community is protected by sentencing the defendant to house arrest with GPS monitoring, and so that incarceration could be avoided.
Introduce yourself to the Court. Explain how you know (and how long you have known) the defendant. Make it personal when describing the defendants characteristics. Can you think of examples of good deeds done by the defendant (hard work, dedication to family/church/community, generosity, etc).
The public has a First Amendment right of access to sentencing memoranda and the exhibits attached thereto.
Avoid making excuses. Instead, let the Judge know you are remorseful, and that you will do whatever it takes to avoid getting in trouble again. A great speech at sentencing is a brief and sincere-sounding apology to the victims and the court.
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