Can Prison Conditions Affect Sentencing? - Lawyer Talk Q&A

Lawyer Talk: Off the Record

We answer a question about criminal sentencing and the impact of prison conditions on defendants.

Steve addresses is the consideration of personal history in sentencing. Many defendants and their families wonder if being a first-time offender, a charitable person, or a devoted family member will influence the judge's decision.

According to Steve, while these factors do matter, they often don't carry as much weight as people hope. "It's usually that it's already there and it's baked in and it becomes part of the case," he explains. The reality is that prosecutors and judges are generally aware of a defendant's background, and this information is often factored into the initial charges and plea deals.

Another significant point Steve discusses is the harsh reality of prison life. He emphasizes that both judges and prosecutors are aware that "prison sucks," but it's his job to ensure they fully grasp the impact a prison sentence can have on someone's life.

From missing crucial years with family to the psychological toll, Steve paints a vivid picture of why it's essential to consider these factors during sentencing. "When a prosecutor gets a little bit cliche or flip about a prison sentence, I'm like, hold on a second. That's a long time," he asserts.

Steve also sheds light on the differences between federal and State prison systems. In federal court, there are more opportunities for negotiating where a defendant will serve their sentence. This can make a significant difference, especially for elderly or disabled defendants.

Additionally, the concept of compassionate release, which gained prominence during the COVID-19 pandemic, offers a glimmer of hope for those who are severely ill or facing extenuating circumstances.

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Recorded at Channel 511.

Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.

Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.

He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.

Steve has unique experience handling numerous high-publicity cases that have garnered national attention.

For more information about Steve and his law firm, visit Palmer Legal Defense.

Copyright 2024 Stephen E. Palmer - Attorney At Law