Question: What should be done after the defendant signs a plea agreement and prepares for sentencing?
Answer: A responsible family member should ask friends and relatives to write letters in support of the defendant. The letters should be addressed to the judge, but sent to the defendant’s attorney, who can review them, have them translated if need be, and submit them to the court.
The letters cannot be conclusory. For example, they cannot simply say, “My name is Jane Doe and I am a friend of the defendant. He is a good person.”
That does not give the judge an idea of the defendant’s character, what kind of a person he or she is. In an effectual letter of support the author first identifies himself or herself, i.e. his or her name and relation to the defendant. The author then elaborates on this relationship, describing the length of the relationship, and how the relationship has impacted his or her life. What is most important is that the author illustrate, through personal anecdotes, why he or she has a high opinion of the defendant.
For example, an effective letter would read, “My name is Maria Smith. I am the defendant’s wife and have known him since we were children. He is both an excellent husband and father. We have three children together, all under the age of six. Every night, when my husband would come home from work, tired as he was, he would play with his children and ask them what they learned in school, all the while being very patient with them. He would help me feed the children and put them to bed.” Although this is just a brief example, it demonstrates the importance of using personal accounts to support claims about the defendant. The above example shows the judge why the defendant’s wife believes her husband is a good father, rather than just stating it as fact.
Here is another example. A friend might write that the defendant is a “generous” person. But to elaborate he recounts how when he and the defendant were students with very little money, sometimes he could not afford to buy food. And the defendant, without being asked, would share meals with him. Again, this example shows the judge why the friend describes the defendant as “generous.”
A passport size photo of the author should accompany each letter so the judge can “see” who is writing. Pictures are worth a thousand words. Additional pictures of the defendant should also be sent to his or her attorney for presentation to the judge. Send as many photos as possible. The attorney can pick and choose from the assortment.
The pictures should be of the defendant with family and friends at social functions, sporting functions, solemn occasions, graduations, weddings, baptisms, parties, etc. The purpose is to allow the judge the opportunity to see the defendant as he or she was before being incarcerated. If the defendant is a good son, there should be pictures of him doting on his parents. If the defendant is a good mother, there should be pictures of her playing with her children. If the defendant comes from a poor background, include photos of the inside and outside of the defendant’s house or apartment as well as photos of the neighborhood.
Of equal importance are certificates of achievement. If the defendant is a graduate of any school, academy or university, has received honors by an employer or business, has received awards for community service, etc., copies of certificates should also be submitted.
Finally, it is always valuable for family members and friends to be present at the sentencing. It brings a subtle pressure to bear on a judge. However, do not bring children. The judge may think the children’s presence is meant to manipulate his or her decision and would not be appreciated.
The goal is to humanize the defendant. A good sentencing memorandum includes descriptive letters of support from friends and family and meaningful photographs and certificates that together tell the story of how a respectable person ultimately wound up in an American courtroom.