Imagine you are a criminal justice professional working for a superior court judge. Your judge has been asked to re-sentence a defendant in a criminal case due to the case being sent back to the trial court after an appeal or post-conviction issue. He would like you to provide him with a memorandum of the history of the case and how the defendant can be re-sentenced.
Preparation
Search the University Library or the internet for trials using parameters such as, but not limited to, “watch criminal trials online.” If you cannot locate a video of the trial, you may review court documents for the trial. Note: The trial must be concluded in order to write the paper.
Choose a criminal trial from within the last 10 years. The trial should be a major felony case such as murder, armed robbery, burglary, aggravated battery, attempted murder, etc. You may choose:
A trial from the state you currently live in or lived in when you were a child (ATLANTA, GEORGIA)
A trial from the federal jurisdiction in your current area or where you lived as a child
Note: If the trial was not sent back to the trial court on appeal or post-conviction, you may assume that it was in order to complete your synopsis.
Memorandum
To: The Honorable [Judge’s Name] From: [Your Name], Judicial Law Clerk Date: [Date] Re: Re-Sentencing of [Defendant’s Name]
Case History
[Defendant’s Name] was convicted of [Crime] in [Court Name] on [Date]. The conviction stemmed from [Briefly describe the facts of the case, including the defendant’s role in the crime].
The defendant was initially sentenced to [Original Sentence] on [Date]. However, the conviction was subsequently appealed or challenged on [Grounds for Appeal or Post-Conviction Relief]. The appellate court [Outcome of the Appeal or Post-Conviction Relief]. As a result, the case was remanded to the trial court for re-sentencing.
Re-Sentencing Considerations
When re-sentencing the defendant, the court should consider the following factors:
Potential Sentencing Options
The court has several options for re-sentencing the defendant, including:
Conclusion
In light of the appellate court’s decision and the factors discussed above, the court should carefully consider the appropriate sentence for [Defendant’s Name]. It is important to ensure that the sentence is both just and proportionate to the crime committed.
Note: To provide a more comprehensive and accurate memorandum, it is essential to review the specific details of the case, including the court documents, transcripts, and any relevant legal authorities.