Discussing Victim Harm in a Presentence Interview
Direct answer: Prepare to discuss the harm associated with your conduct accurately and in your own words, with counsel’s guidance. Understanding victim impact is different from inventing emotions, making unsupported admissions or contacting victims without authorization.
Move beyond describing your own losses
Joseph’s published preparation framework begins with attention to victims. A defendant may naturally focus on losing a job, reputation or family stability. Those experiences do not answer what the conduct did to someone else. Preparation should include careful reflection on the affected people and the consequences supported by the record.
Keep the account within what you know
Do not claim to know how a particular victim feels unless there is a basis for saying so. Financial consequences, lost trust and disruption may be relevant, but distinguish documented facts from assumptions. If a loss figure or description of conduct is disputed, counsel should guide how it is addressed.
Do not substitute a script for reflection
A rehearsed apology can sound polished without showing understanding. Work through specific questions privately with counsel: What did I do? Who was affected? What do I now recognize that I ignored then? What steps have I actually taken? These questions support honest preparation, not a mandatory sequence or a guarantee of a favorable report.
Preparation checklist
- Identify a supported consequence of the conduct.
- Identify what you knew then and what you understand now.
- Flag disputed facts or figures for counsel.
- List completed remedial actions separately from intentions.
Should I contact victims to apologize before sentencing?
Do not use this preparation exercise as permission to contact anyone. Discuss restrictions, risks and any proposed communication with your attorney first.
Published analysis behind this resource
This resource adapts preparation principles from Joseph’s published analysis. Publication does not imply publisher endorsement of Sentencing Advocacy Group.
Continue with the related SAG guide, explore the published work, or read Client Results & Experiences.
Discuss the next preparation step
Joseph De Gregorio has been retained in more than 500 federal cases. Contact Sentencing Advocacy Group to discuss preparation alongside defense counsel.