This part of the Module examines the main purposes of criminal punishment. There are five main underlying justifications of criminal punishment considered briefly here: retribution; incapacitation; deterrence; rehabilitation and reparation.

Aggravating circumstances are facts that suggest that a more severe punishment is appropriate. Mitigating circumstances are factors that suggest a less severe punishment is appropriate.

First, they serve the goal of deterring future crime by both the convict and by other individuals contemplating a committal of the same crime. Second, a sentence serves the goal of retribution, which posits that the criminal deserves punishment for having acted criminally.

Structured Sentencing is the method of sentencing and punishing criminals. It classifies offenders on the basis of the severity of the crime committed and on the extent and gravity of their prior criminal record. A community punishment is more like a basic probation.

You can’t write to the judge. You can hire your own attorney to make your case to the court.

Character letters for a judge requesting a lower sentence for a defendant are a mainstay of federal criminal cases. This is because most federal judges limit the number of live witnesses, but will receive and review almost any number of support or character letters.

Character references for sentencing You will probably be required to arrange the references yourself, but given they could help your case this is something you should seriously consider. If they know about your offence, this could be useful as they can discuss this in the reference that they write.

The judge will consider letters from relatives, friends and employers who know the defendant. These letters are very important. Your letter should tell the judge briefly who you are, your relationship to the defendant, and that you are familiar with the criminal matter for which sentence is about to be imposed.

Begin the letter by introducing yourself by your full name. Tell the judge your age and family relation to the detainee. If you are a legal resident, tell the judge your immigration status. Explain to the judge how your family would be torn apart if your family member were to be deported.

The letter should be a formal business letter and simply state that the writer pledges to provide financial support for the applicant. The letter should contain all the relevant details including the name of the applicant, the name of the person who is giving the support and the financial amount involved.

The letter does not need to be notarized, but it is important to include a sworn statement that states, “I swear, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.” The petitioner should understand that an affidavit is only supporting evidence.