Defense Advocacy under the Guidelines

Abstract

While much attention has been given to the new roles and influence of judges, pros ecutors and probation officers under the guidelines, considerably less attention has been given to the changed role of defense counsel at sentencing. This Issue of FSR explores what the federal sentencing guidelines mean for criminal defense counsel. The materials in this Issue bring into the spotlight many aspects of defense representa tion under the guidelines. Our authors discuss a variety of specific topics, from the guidelines' impact on a defense attorney's relationship with other sentencing participants to the impor tance of effective advocacy in obtaining departures. In addition, some broader themes emerge. A number of commentaries document how the guidelines' complexities have altered the dynamics and often adversely impacted the work of defense counsel. Our authors also suggest that, though the guidelines have changed how defense attorneys must approach, develop and present arguments, the substantive core of defense advocacy at sentencing remains largely unchanged. Finally, while shedding light on the defense function within the guidelines regime, the materials in this Issue also raise further questions and perhaps also some new concerns about the day-to-day practice of guideline sentencing.