On The Mode Of Sentencing Advocacy

Sentencing defense is an independent form of defense developed along with the sentencing process. It is an important link of the sentencing process. It is under the circumstances of the defendant’s conviction without objection or convicted assumptions, aiming at making defense activities for the defendant’s relieve, reduce or waive penalties.With the relatively independent establishment of the sentencing process, sentencing defense as an independent means of defense, has attached more attention to the parties of litigation. For a defendant who is accepted trial, the sentencing defense, especially with the participation of lawyers is a significant litigation activity mainly on safeguarding the accused rights, confronting the charge of prosecution and prevent the public authority. Sentencing has independent defense litigation and litigation target values, which indeed need to be protected independent sentencing defense operation. This paper harnesses comparative analytical research, empirical research, value analysis methods and so forth. In this paper, the defense sentencing as an independent research basis form separating from criminal defense. Firstly, it analyzes the establishment, values and performance of sentencing defense by comparing the defense sentencing and other forms of defense. Finally, the defense is an entity sentencing of defense activities. On this basis, the paper focuses on the unique goals of sentencing proceedings to analyze the content from sentencing and sentencing for the rebuttal prosecution comments, sentencing opinions and sentencing conclusion towards courts. Secondly, the analysis runs through the movement situation of sentencing defend, believed to the function of defense sentencing requires stringent procedures to guarantee the normal operation of their performance. Finally, the effective operation of the sentencing defense, not only need the program as a guarantee, but need a stand-alone mode of operation, so as to offer theoretical and practical possibilities to be an independent defense forms.