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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.
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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.
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