When serving 26 years in prison, I heard a lot of frustration from other people. They frequently complained about the legal representation they received. Those people argued that their lawyers never got to know them as a person, and they failed to help the judge get to know them in the sentencing memorandum.
For this reason, I encourage people to learn about the sentencing memorandum as early as possible.
What Is a Sentencing Memorandum?
A sentencing memorandum is a written document submitted that a defense attorney may submit to the court before the sentencing hearing. If effective, it will serve multiple purposes:
- Humanizes You: It tells the judge who you are beyond the details of your crime.
- Explains Circumstances: It outlines factors that led to your offense and provides context that could shift how your actions are perceived.
- Advocates for Leniency: By detailing mitigating factors, rehabilitation efforts, and community impact, it advocates for a fair and balanced sentence.
- Supports the Narrative: The document may include character letters, employment history, education background, and examples of remorse or accountability.
The way this memorandum is prepared can change the trajectory of your sentence. That’s why I emphasize the importance of being proactive in your own defense.
Many people assume their lawyer will instinctively know everything about their life and advocate accordingly. They assume the sentencing memorandum will be a comprehensive reflection of not only their crime but also their humanity.
Unfortunately, that’s not always the case.
Some lawyers treat sentencing memorandums as formalities, writing very little or relying on boilerplate arguments. They may waste a lot of words citing case law that the judge already knows.
Others may spend hours writing the memorandum, but fail to consult the defendant, leaving out critical details that reflect the person behind the case. Worse yet, in some situations lawyers don’t file anything at all, believing that oral arguments alone will suffice.
The frustration typically arises in these forms:
- Lack of Communication: People often feel left in the dark about their lawyer’s strategy.
- Insufficient Detail: The memorandum might overlook important aspects like personal history, rehabilitation steps, or community ties.
- No Review: Some lawyers don’t share the memorandum with their clients before submission, missing an opportunity for valuable input.
When people get to prison, if they feel that the lawyer didn’t represent them well, they file a motion under habeas corpus for ineffective assistance of counsel; it’s a post-conviction motion that rarely brings relief.
Courts often defer to a lawyer’s discretion on strategic decisions, as established in the landmark case Strickland v. Washington. That’s why it’s crucial to take control of your own narrative.
Taking Ownership of Your Sentencing Process
If you’re facing sentencing, you can’t simply defer all decisions to your lawyer. You need to be an advocate for yourself.
1. Start Early
Engage in conversations with your attorney about the sentencing memorandum well before your hearing. It’s best to ask these questions before hiring an attorney, but it’s never too early and never too late to prepare. Ask questions like:
- “What’s your strategy for presenting my story?”
- “What mitigating factors do you plan to highlight?”
- “What can I do to help you build a stronger mitigation plan?”
Being proactive from the outset sets clear expectations and ensures your lawyer understands the importance of the memo.
2. Take Responsibility for Your Story
One of the most powerful tools you have is your personal narrative. Judges want to understand the person behind the case, not just the crime. Writing a personal narrative can make all the difference. Focus on three key areas:
- Background and Challenges: Share your upbringing, struggles, and circumstances that may have influenced your actions.
- Accountability and Growth: Explain what led to your offense and how you’re taking responsibility.
- Future Plans: Outline your goals for rehabilitation, employment, and contributing to society post-sentencing.
When I was incarcerated, I wrote extensively about my personal transformation. I wish I had known how to do so before my judge sentenced me to serve a 45-year sentence.
3. Collaborate with Your Lawyer
Insist that your lawyer includes your personal narrative or key details from it in the sentencing memorandum. Offer to provide character references, letters from employers, or examples of community involvement. These assets can fortify evidence of who you are as a human being, undermining accusations of prosecutors.
4. Build a Support Network
Ask family, friends, mentors, or former colleagues to write letters of support. These letters should:
- Highlight your character and contributions.
- Discuss any efforts you’ve made to rehabilitate.
- Provide examples of how you’ve positively impacted those around you.
If possible, ensure these letters are addressed to the judge and included in your attorney’s memorandum.
5. Understand the Memo’s Role
A sentencing memorandum is a persuasive document, but it’s not a guarantee. Judges weigh many factors, including the nature of your offense, victim impact statements, and federal sentencing guidelines. However, presenting a compelling memorandum can influence the judge’s perception and lead to a more favorable outcome.
6. Stay Engaged Throughout the Process
Don’t assume the sentencing memorandum is the only way to advocate for yourself. Be prepared to speak at your hearing if given the opportunity. Your own words, delivered with sincerity and remorse, can leave a lasting impression.
Lessons from My Experience
During my time in prison, I saw many people blame their lawyers for inadequate representation. Looking back, I believe many of those frustrations could have been avoided with better communication and preparation.
The lesson? Don’t wait for someone else to tell your story. Own it, shape it, and make sure it’s heard.
Final Thoughts and Call to Action
A sentencing hearing is one of the most critical moments in a justice-impacted individual’s life. While your lawyer plays an essential role, so do you. By taking an active approach to your sentencing process, you can ensure the judge sees you as more than just a case file.
If you or someone you know is navigating this difficult path, I encourage you to prepare early and thoroughly. Review the lessons we offer at Prison Professors. Everything is available, free of charge.
No one should work harder than you to prepare for the best possible outcome.
