Federal Judges’ Perspectives

Make the evidence specific

Character letters and mitigation records are stronger when they explain firsthand observations, dates, actions and changes that can be verified.

Prepare before the PSR

Organize an accurate personal-history timeline, treatment records, employment information and a realistic release plan with counsel.

Character letters

“The number of character letters is not that important, it’s quality that counts”

Judge Jed S. Rakoff

Allocution

“I like to have a conversation with the defendant”

Judge Mark W. Bennett

Individual circumstances

“Tell me something I don’t know about your client.”

Judge Patrick J. Schiltz

The human element

“I am looking for the human element”

Judge Robert N. Scola Jr.

Individualized preparation

“tailor your sentencing memorandum to this particular defendant.”

Judge Cynthia A. Bashant

A supported recommendation

“It is important that the lawyers be clear on what they are asking for and the rationale for it.”

Judge Jon D. Levy

Knowing the person

“Sentencing is very personal. The more I see a defendant, the more I get to know him.”

Judge John R. Adams

Candor

“I want the unvarnished truth. It can really help if I believe that they are sincere.”

Judge Otis D. Wright II

Credibility

“Lawyers need to be candid with me. They should not whitewash their client’s crimes.”

Judge Walter H. Rice

Early PSR preparation

“Get it to the probation officer early. It is extremely helpful if provided even prior to the PSR interview itself”

Judge Justin L. Quackenbush

A clear sentencing memorandum

“Get to the point. Make it easy to read and understandable.”

Judge James S. Gwin

An informed decision

“The more information I have; the more informed decision I can make”

Judge Amy J. St. Eve

Documented conduct in custody

“Reports and statements by correctional officers are very helpful”

Judge Paul L. Friedman

Focused advocacy

“Longer is not better; often, less is more. Also, it is very important that a lawyer be totally honest with me.”

Judge Robert L. Hinkle

Community service

“I find it helpful where the defendant has proposed a community service by talking to schools, businesses, and other groups about what he’s done.”

Judge Marcia S. Krieger

Credible recommendations

“I give great weight to a serious, credible recommendation of sentence by the lawyers”

Judge Neil V. Wake

An individual plan

“Give me a plan. Tailor it to this defendant.”

Judge James C. Mahan

Preparation before the hearing

“The best lawyers take advantage of this opportunity to educate me in advance about the case”

Judge Mark L. Wolf

Individualized sentencing

“I am sentencing the individual.”

Judge Jerome B. Simandle

Credibility

“Don’t sugarcoat your client. It doesn’t work and takes away from your credibility.”

Judge Lawrence J. O’Neill

Accepting responsibility

“If you’re going to accept responsibility, then accept responsibility.”

Judge Morrison C. England Jr.

Support at sentencing

“If employers are there to speak on a defendant’s behalf, this, too, can be very impactful.”

Judge Frederic Block

Accountability and future plans

“Apologize to the people whom you’ve hurt. Show me what you are going to be doing in the future.”

Judge Charles R. Breyer

A complete record

“The more information you get in front of a sentencing judge, the better.”

Judge Amit P. Mehta

Repairing harm

“I want to hear what the defendant has done to try to make the victim whole again.”

Judge James K. Bredar

Allocution about harm to family and victims

“The best person to present this information is often the defendant, not his attorney.”

Judge Paula Xinis

Genuine good deeds

“Tell me something your client did when no one was keeping score”

Judge Ralph Erickson

Explaining conduct and change

“A lawyer needs to help me understand why his client did what he did, why it is out of character, and why he is not going to do it again.”

Judge Mark R. Hornak

Specific treatment plans

“I respect lawyers who give me a specific treatment plan to help me understand the client is not going to reoffend.”

Judge Brian Anthony Jackson

Supporting reentry

“The judge emphasizes that supervised release is intended to assist the supervisee in reentry.”

Judge Richard M. Berman

Justice and encouragement

“There is nothing inconsistent with imposing a just sentence and trying to encourage a defendant to do better.”

Judge Timothy J. Corrigan

Employment after prison

“Obtaining and maintaining employment is an essential part of re-entering society after imprisonment.”

Judge Denny Chin

Recognizing RISE Court graduates

“I personally couldn’t be prouder of their achievement.”

Judge Raymond Lohier Jr.

Reentry and alternatives to incarceration

“Reentry and ATIP give us the opportunity to be part of people’s successes and not just their punishment.”

Magistrate Judge Laurel Beeler

Second chances

“I always believed there should be a chance for a second chance, and the opportunity to have a good life.”

Judge John T. Curtin

Employment and community return

“The key to successful reentry is steady employment and we are hopeful that other employers will follow the Court’s example.”

Judge Rubén Castillo