Welcome to the White Collar Department's Sentencing Resources portal. Here you will find a number of tools and resources to aid criminal defense lawyers in dealing with the the U.S. Sentencing Guidelines that regularly create unjust results in white collar cases. Loss calculations, which are not tethered to reality or related to actual culpability, produce sentences that are astoundingly high and do not serve the goals of sentencing or criminal justice. The risk of being sentenced under these draconian guidelines effectively precludes defendants from exercising their Sixth Amendment right to a trial.
The right to have a neutral, third party review the evidence and facts is fundamental to the foundation of our criminal justice system. However, even if a defendant has minimal culpability or a strong defense, faced with a sentence of twenty, thirty or more years, a defendant will almost always forego his right to a trial. Prosecutors have unlimited discretion over charging decisions and, therefore, the power to deter the accused from exercising their right to a fair trial. This portal is intended to equip you with the necessary information and resources to zealously prepare and defend your clients at sentencing.
White Collar Sentencing Resources
- For Members Only: Sentencing Resource Materials
- ABA Task Force on Reform of Federal Sentencing of Economic Crimes
- U.S. Sentencing Commission Materials (www.ussc.gov)
- Department of Justice (DOJ) Policies and Publications
- Law Reviews and Other Publications
- Other Sentencing Resources
Pictured: Seminar Co-Chair and retired Judge Nancy Gertner moderating the "Sentencing: Getting Outside the Guidelines" panel on September 23, 2011, at NACDL's 7th Annual Defending the White Collar Case Seminar.
Cross-Examination Trial Pack
NACDL’s new Cross-Examination Trial Pack includes three of our best-selling Cross-Examination resources: “Damage Control: Situational Cross-Examination Techniques Trial Guide”, "Ultimate Cross 2.0: Audio Recordings & Written Materials" and "Sample Cross-Examination Questions."
This masterful collection of cross-examination resources provide countless tips, techniques and strategies for a variety of criminal case-specific scenarios. Learn to cross-examine a variety of trial witnesses!
Death Investigation: Forensic Pathology in the Courtroom and Cause & Manner of Death (2022)
This unique program provides criminal defense lawyers with an accurate and clear overview of forensic pathology and the countless factors to consider in a death investigation and will methodically explain what happens during an autopsy to determine cause and manner of death.
You'll uncover the different types of medicolegal death investigations, what to request from your MDI expert, quality benchmarks for accreditation and certification, guidelines and standards, common terminology and frequently asked questions.
The Psychology of Persuasion & Storytelling for Criminal Defense Lawyers
This Trial Resource Guide is a masterful collection of practical tips, techniques and strategies focused solely on using the arts and sciences of persuasion to improve your storytelling skills at trial.
You'll learn how to master the ability to communicate with juries, deliver powerful openings and closings, perform convincing cross-examinations, use effective courtroom choreography and non-verbal communication, identify and develop the optimal theme and theory for your case, and offer compelling arguments during mitigation and sentencing.
Zealous Advocacy in Sexual Assault & Child Victims Cases (2022)
Defending charges of sexual assault and child abuse can be daunting — but with the right tools, it doesn’t have to be.
Every year, NACDL identifies the hottest topics and most pressing issues when defending these cases, and brings-in nationally-renowned lawyers and experts to help you prepare for battle. This year’s 13th Annual Defending Sex Cases training program is our best yet; packed with topics and speakers you won’t want to miss!