Determination of Appropriate Consequences.  At sentencing, it is not a question of whether the defendant should incur consequences, it is the question of what are the most appropriate consequences. The court needs to be persuaded that the consequence recommended in the report is not only the best one but also the one that meets the basic requirements of sentencing: the rehabilitation needs of the client, protection of the public and not unduly depreciating the seriousness of the crime.

This is accomplished by having a thorough understanding of pertinent case factors and the potential sentencing possibilities, the creation of innovative consequences, and exceptional persuasive writing skills.

Specific examples of innovative consequences that have met with success in court in the past can be further discussed during an initial consultation with Lisa Andreas.

Genograms, Time Line Graphs, Photographic Corroboration.   Genograms and time line graphs are forensic tools can aid in telling the story of the client while also helping the court to understand the client’s background mitigating factors.

When appropriate, photographs can aid in supporting the client’s assertion of positive character traits and in illustrating their background.

Addressing Needs of the Victim.   The opportunity to explore ideas with the victims and their families regarding options for restorative justice is about more than simply seeking a favorable outcome for the client. Most importantly, it’s about offering assistance to the victim. Victims often have many misconceptions about the offense, the client, and his or her history. They may be unaware of available options for meaningful consequences, such as:

• Victim/Offender Mediation
• Family Circles (victims may bring family members)
• Restitution – Donation to a charity of the victim’s choice, or some meaningful alternative action whose significance can only be discovered in conversation with the victims.
• Letters of Apology

Mitigating Factors.   These provide an explanation of how the client got from “there to here.” In any client’s situation, there are always mitigating factors that the judge should consider during sentencing.

A comprehensive investigation will reveal such mitigating factors which will provide the focus for the development of a plan to demonstrate for the judge that the client presents a diminished or negligible threat to the community. (Example: random drug and alcohol screening while client is out on bond.)

Mental Illness / AODA Screening.   There may be significant signs and symptoms of mental illness that would warrant further evaluation and diagnosis. While the sentencing report may summarize these signs and symptoms, this summary alone is insufficient. It can be significantly more persuasive to the court if the consultant were to provide a comprehensive plan that includes treatment, employment opportunities, and integration into a community living situation.

It is also important to include a description of any emotional or personality factors that may have led to the client’s situation.

Interacting with the Probation Officer.   The Staff at the Department of Corrections typically are hampered by limited time and resources in their efforts to develop creative yet realistic alternatives to prison. Departmental guidelines and supervisory directives limit what they can suggest at the hearing. The sentencing consultant often can assist the probation agent by providing records and other relevant information to which the DOC staff may not have had access. In turn, probation agents may be willing to listen to or brainstorm new ideas.