Document Type
Article
Publication Date
2008
Abstract
Criminal sentencing hearings provide unique opportunities for teaching and learning case theory. These hearings allow attorneys to develop a case theory in a context that both permits understanding of the concept and, at the same time, provides a window into the difficulties case theory can pose. Some features of sentencing hearings, such as relaxed rules of evidence and stock sentencing stories, provide a manageable application of case theory practice. Other features of sentencing hearings, such as the defendant's allocution, require an attorney to contend with competing "case theories," and as a result, to face the ethical and counseling challenge of developing a case theory together with her client. Specifically, this client-centered approach to sentencing case theory brings to the surface any conflicts between attorney and client about what is the "best" result or strategy. Sentencing presents a rich, yet comprehensible, application for the learning of case theory.
Recommended Citation
Thomas, Kimberly A. "Sentencing: Where Case Theory and the Client Meet." Clinical L. Rev. 15, no. 1 (2008): 187-210.
Included in
Criminal Procedure Commons, Legal Education Commons, Legal Ethics and Professional Responsibility Commons