Sentencing and Post-Conviction

 

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.

Sample Solution

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:

  1. The Original Sentence: The court should review the original sentence and the rationale behind it.
  2. The Appellate Court’s Decision: The court should carefully consider the appellate court’s decision and any specific instructions or guidelines provided.
  3. The Defendant’s Conduct During Incarceration: If the defendant has been incarcerated since the original sentencing, the court may consider their behavior, participation in rehabilitation programs, and any disciplinary infractions.
  4. The Victim Impact Statement: The court may consider any victim impact statements that were submitted during the original sentencing or any new statements that may be relevant.
  5. The Sentencing Guidelines: The court should consult the applicable sentencing guidelines to determine the appropriate range of punishment.
  6. The Defendant’s Personal Circumstances: The court may consider the defendant’s age, health, family ties, and other personal factors.

Potential Sentencing Options

The court has several options for re-sentencing the defendant, including:

  1. Affirming the Original Sentence: If the court finds that the original sentence was appropriate, it may affirm the sentence.
  2. Modifying the Original Sentence: The court may modify the original sentence by increasing or decreasing the length of the sentence or changing the type of sentence (e.g., from prison to probation).
  3. Imposing a New Sentence: The court may impose a completely new sentence, taking into account the factors discussed above.

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.

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