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.
Pattern Cross-Examination for DNA and Biological Evidence: A Trial Strategy Guide
NACDL’s Pattern Cross-Examination for DNA and Biological Evidence will assist criminal defense practitioners in scoring points when cross-examining forensic experts in cases involving DNA and biological evidence. This resource contains thousands of questions that will help defense lawyers cross-examine challenging witnesses without reinventing the wheel with each new case. It includes pattern questions that can be used to dominate prosecution DNA experts and level the playing field at trial.
Cross-Examination of the Analyst in Drug Prosecutions (2nd Ed.) By James M. Shellow
Now in its second edition with some new material, James M. Shellow’s book offers what its title promises: ways of thinking about cross-examining the forensic analysts in drug cases. But the book is so much more than that. It offers a look inside the mind of one of the finest cross-examiners and defense lawyers the United States has produced in the last seventy years. This small book can inspire and direct you in making big changes in the way you defend your clients and think about the entire project of trying any case.
Justice For All, Justice Now White T-Shirt (Women’s)
This custom, vintage-faded NACDL t-shirt is 50% polyester, 25% cotton, and 25% rayon weighing 5.2 oz. and is lightwieght, flexible and soft, providing maximum comfort. It features the "Justice For All, Justice Now" slogan and Lady Liberty image on the front, with the NACDL logo on the back. Currently available in both men's and women's sizes in both black and white colors. View the full line-up of colors and sizes on our online store, as well as our other popular and best-selling t-shirt designs at: nacdl.org/store.
Drug Cases Resource Materials Collection - CD-ROM
NACDL’s Drug Cases Resource Materials Collection is the sweeping culmination of every single article of written materials ever published from each installment of NACDL's annual "Defending Modern Drug Cases" seminar. Totaling over 12,000 pages, this vast collection includes 12+ years of motions, briefs, reports, outlines, transcripts, case citations, scholarly articles, powerpoints and other written commentaries. This collection provides trial strategies and tactics you can immediately apply to your current cases.
Mental Illness & the Law: Addressing and Litigating Behavioral Health Disorders in Criminal Cases
Whether it is insanity, impairment, a disorder, or adolescent brain development; mental health and intellectual competence issues affect pretrial supervision, trial and sentencing, and your chances of successfully advocating for your impaired client. This training provides ideas and proven solutions to assist you in advocating for your client during trial, whether it be insanity defenses, jury selection, cross of expert witnesses, persuasion, or mitigation at sentencing.