Research On Sentencing Defense

Sentencing the defendant or defense counsel in the case of a convicted defendant’sconviction without objection or question assumptions made for the sentencing of thedefendant’s defense activities are an important part of the sentencing process. With theestablishment of independent sentencing procedures, sentencing defense gradually separatefrom the original criminal defense out, and by the parties seriously. For a defendant to accepta criminal trial, the sentencing defense, especially the participation of defense counsel insentencing is to uphold the rights of the accused, the prosecution against the accused, thepublic authority to prevent significant litigation activities wanton. In this paper, acomprehensive comparative analysis of the use of analytical methods, empirical researchmethods, the basic law of the sentencing defense system and operating environment to do asummary and analysis, trying to achieve the sentencing defense capabilities and make littleactive exploration.In addition to the introduction and conclusion of this article is divided into four chapters:The first chapter, an overview of sentencing defense. This chapter is divided into threeparts, the first part discusses the sentencing defense gradually separated from general criminaldefense out of the process of becoming an independent form of defense morphology; secondpart is the definition of the characteristics of the defense sentencing, the defense were fromthe physical, quantitative defense "Find Law" and "plead" perspective on sentencing defensewere defined; third part is an overview of sentencing defense functions, respectively, fromlimiting the sentencing discretion of judges to protect the rights of the accused, to enhance thecredibility of the judiciary, counsel expansion space angle sentencing will be analyzed.The second chapter, step-outs sentencing defense, methods and strategies to choose from.This chapter is divided into three parts, is partially based on the author’s research interviewscriminal defense lawyer, defended its review and summarize experience. The first part is astep-outs on defense sentencing summary, in general, sentencing defense lawyer, you need toprepare for work in the following four aspects: determining the starting point; collect sentencing information; screening sentencing; sentencing opinion. The second part of part ofthe case by reference, describes two types of passive defense and active defense to defend theway, and that active compared to passive defense to defend a greater application of space inthe defense practice, but also increases the lawyer might be misunderstood. The third partwere from "seeking Law" and "pleading" with the sentencing mutual defense pleaded notguilty and coordination with the two aspects of defense policy choice to do the analysis ofsentencing.The third chapter, our run defense sentencing investigation. This chapter is divided intosix parts, is the author of the research process on the part of judges and lawyers, defensesentencing summarized the problem in our country there are six criminal trial program run.First, relatively independent of the sentencing process in the absence of implementing rulesand supporting measures, it is easy to be artificially compressed judge sentencing defense isdifficult to have expanded space. Second, relatively independent of the sentencing processdoes not solve the case and sentencing the accused pleaded not guilty to defend theembarrassing situation. Third, the evidence is not comprehensive sentencing, sentencingdefense facing a "no rice" dilemma. Fourth, the lack of clear sentencing sentencing procedurerules of evidence, leading to the effect of weakening the defense sentencing. Fifth, thecriminal defense lawyer involved in a low, resulting in the sentencing defense "in name only."Sixth, the defense operations are not standardized sentencing, defense attorneys exploitloopholes in the system to replace the innocence defense sentencing phenomenon abound.The fourth chapter, perfect defense system envisioned sentencing. This chapterdiscusses four aspects were perfect sentencing on defense vision. First of all, I believe that inthe current legal environment, continue to improve the program is relatively independent ofthe sentencing realistic choice of system and proposed: the trial by the judge beforesentencing next release will not affect the defense pleaded not guilty, the court told thedefense conviction and allowed to submit written comments sentencing court ’s opinion theway lawyers in the case to protect the rights of the accused not guilty of obtaining sentencingdefense; clear the sentencing phase of the rights of the parties involved to prevent the sentencing judge compression program space; the judges the implementation of the verdictsentencing reasoning system, such as improving public opinion to promote sentencing threeaspects. Second, China should follow the " pre-sentencing report," the common law systemof the country to establish the defendant ’s social survey reporting system. Third, with thegradual improvement of the sentencing process, with the support of the sentencing rules ofevidence should also be established. Finally, you can improve the ratio of lawyers involved insentencing defense lawyers from the practice environment to improve and expand the scopeof legal aid in criminal cases a defendant in two ways. Raise rates to counsel in criminal casesis the key to the defense sentencing to function, but also an important factor to enhance thelevel of our rule of law.