Sentencing Strategy
What Exactly Do Character Letters for Court Do?
Character letters are a standard part of federal sentencing, but many defendants and families don't understand their actual purpose or effect. This guide explains what character letters accomplish, what judges look for, and how to make them count.
The Purpose of Character Letters
Federal sentencing is governed by guidelines that calculate a recommended sentence range based on the offense and criminal history. But judges have discretion to impose sentences above or below this range. Character letters serve to humanize the defendant and provide context that numbers and guidelines cannot capture.
The law requires judges to consider "the history and characteristics of the defendant" when imposing sentence. Character letters are one way this information reaches the court. They help answer the question: Who is this person beyond the offense they committed?
What Character Letters Can Accomplish
Realistic Expectations
- Humanize the defendant: Show the person behind the case number
- Demonstrate community ties: Evidence of stable relationships and contributions
- Illustrate rehabilitation potential: Show capacity for positive change
- Document collateral consequences: Impact on children, elderly parents, employees
- Support variance requests: Provide factual basis for departing from guidelines
Character letters alone rarely result in dramatically different sentences. They are one factor among many. But combined with other mitigation efforts, they can contribute to sentences at the lower end of guidelines or modest variances.
How Judges Use Character Letters
Different judges approach character letters differently, but common uses include:
- Context for the defendant's life: Understanding background, family situation, and community role
- Assessing remorse: What do people who know the defendant say about their response to the offense?
- Evaluating rehabilitation: Is there evidence the defendant has the support to change?
- Weighing collateral impact: Will incarceration harm innocent third parties?
- Determining the "right" sentence: Within the range of legally appropriate sentences, where does this defendant fall?
The Anatomy of an Effective Letter
Effective character letters share common characteristics:
Key Elements
- Clear identification: Who is the writer and what is their relationship to the defendant?
- Specific examples: Concrete stories that demonstrate character traits, not just adjectives
- Offense acknowledgment: Recognition that the defendant did something wrong, without excusing it
- Impact statement: How will incarceration affect the family, community, or those who depend on the defendant?
- Rehabilitation support: How will the writer support the defendant's positive change?
- Respectful request: A polite ask for consideration or leniency, not a demand
What Makes Letters Ineffective
Some character letters actually harm the defendant's case. Avoid these common mistakes:
- Attacking the prosecution or system: Judges don't respond well to claims the defendant is being treated unfairly
- Minimizing the offense: "It wasn't that bad" undermines credibility
- Making demands: "You must let him go" alienates judges
- Being too general: "He's a good person" says nothing meaningful
- Excessive volume: 50 letters saying the same thing aren't better than 10 good ones
- Obvious template letters: When multiple letters use identical language, they lose impact
Selecting Letter Writers
Quality and diversity matter more than quantity. Aim for letters from:
- Different life spheres: Work, community, family, religion, charity
- Different perspectives: Employer, employee, peer, mentor, mentee
- People who know the defendant well: Passing acquaintances shouldn't write
- Credible writers: Their own character and judgment should be unquestionable
- Those who can commit to support: Employers who will hold a job, family who will provide housing
Frequently Asked Questions
Do judges actually read character letters?
Yes, most federal judges read character letters submitted for sentencing. Judges consider them as part of understanding the defendant as a whole person, though the weight given varies. Quality matters more than quantity.
Can character letters reduce a sentence?
Character letters can influence a judge to impose a sentence at the lower end of guidelines or grant a variance. They provide context that raw guideline calculations cannot capture.
What makes a character letter effective?
Effective letters include specific examples of the defendant's character, acknowledge the seriousness of the offense, explain the impact of incarceration on family, and come from diverse writers.
How Sam Can Help
Coordinating character letters is part of Sam Mangel's comprehensive sentencing preparation. His guidance includes:
- Writer Selection: Identifying the right people to write on your behalf
- Guidance for Writers: Providing instructions that lead to effective letters
- Review and Feedback: Ensuring letters serve your interests before submission
- Integration with Strategy: Making letters part of a cohesive sentencing approach
Make Your Letters Count
Character letters are just one part of sentencing preparation. Contact Sam for comprehensive guidance on presenting your case effectively.