Character Letters for Sentencing

Character reference letters, also known as sentencing letters, letters of support, or mitigation letters, are written statements submitted to a judge prior to sentencing that describe a defendant's positive character traits, community ties, personal history, and potential for rehabilitation. These letters are submitted by family members, friends, employers, colleagues, religious leaders, and community members who know the defendant personally and can provide the court with a more complete picture of the individual beyond the criminal conduct that led to conviction.

Character reference letters serve as part of the broader sentencing mitigation process, where defense attorneys present information intended to share more about the defendant outside of the scope of the conduct that brought them to court. While the nature and severity of the offense remain the primary factors in sentencing determinations, federal and state judges routinely consider character evidence as part of their assessment of an appropriate sentence. These letters help humanize defendants, demonstrate their capacity for positive contribution to society, and provide evidence that may support arguments for probation, reduced incarceration time, or alternative sentencing arrangements.

The Federal Sentencing Guidelines explicitly permit courts to consider a defendant's personal history and characteristics when determining an appropriate sentence within the applicable guideline range or when deciding whether to depart from the guidelines. Under 18 U.S.C. § 3553(a), federal judges are required to consider "the history and characteristics of the defendant" as one of the key sentencing factors.

Character reference letters are distinct from legal arguments, victim impact statements, and expert testimony. They represent the personal observations and opinions of individuals who have witnessed the defendant's character and conduct in contexts unrelated to the criminal offense.

Purpose and Function

Character reference letters serve multiple functions within the sentencing process. They provide the sentencing judge with information about the defendant's life, relationships, and contributions that may not appear in the presentence investigation report or other court documents. They demonstrate community support for the defendant, which can be relevant to assessments of rehabilitation potential and likelihood of recidivism. They offer specific examples of the defendant's positive character traits, work ethic, family relationships, and community involvement. And they give voice to individuals whose lives have been positively affected by the defendant, creating a more complete portrait of the person being sentenced.

Judges consider character reference letters alongside other sentencing factors, including the nature and circumstances of the offense, the defendant's criminal history, the need for deterrence, protection of the public, and the defendant's potential for rehabilitation. While character letters alone rarely determine sentencing outcomes, they can influence judicial discretion, particularly in cases where the defendant has no prior criminal history, where the offense is non-violent, or where the defendant has demonstrated genuine remorse and taken steps toward rehabilitation.

The weight given to character reference letters varies by jurisdiction, judge, and case. Some judges read every letter submitted, while others may review only a representative sample if dozens or hundreds are submitted. Federal judges operating under the Federal Sentencing Guidelines have more discretion post-United States v. Booker to consider such letters as part of the broader sentencing calculus. State judges operating under different sentencing schemes may have varying degrees of discretion to consider character evidence.

Retired federal Judge Mark W. Bennett, who sentenced more than 4,000 individuals during his tenure, has stated that he read between 30,000 and 40,000 character reference letters throughout his career, with most defendants submitting between seven and nine letters.

Who Should Write Character Reference Letters

The most effective character reference letters come from individuals who know the defendant well and can provide specific, credible, and meaningful information about the defendant's character. Ideal letter writers include employers or supervisors who can describe the defendant's work ethic, reliability, and professional conduct; colleagues or coworkers who have observed the defendant's behavior in professional settings; teachers, professors, or educational mentors who can speak to the defendant's intellectual engagement and personal development; religious or spiritual leaders who can discuss the defendant's faith, moral development, and community involvement; and community organization leaders who have worked with the defendant in volunteer, civic, or charitable contexts.

Family members and close friends can also write meaningful letters, though their perspectives may be viewed as inherently biased. When family members do write, they should focus on specific observations and concrete examples rather than general assertions of love or support. Letters from minor children should generally be avoided, as judges may view them as emotionally manipulative, though there are exceptions in cases where adult children have relevant observations about a parent's character and conduct.

Judge Bennett has emphasized that he gives more weight to letters from individuals who have known the defendant for a long time and provide nuanced perspectives, while giving less weight to letters from prominent individuals who barely know the defendant, even if the writer is a powerful person such as a senator.

Defendants may also find success soliciting character reference letters from support groups they've joined after their arrest like the White Collar Support Group, Alcoholics Anonymous, or similar groups. Though letters from those individuals do not share the point of view of someone who has known the defendant for a long period of time, it does allow the defendant an opportunity to demonstrate the work they've done on themselves post-arrest.

What to Include in a Character Reference Letter

Effective character reference letters follow a general structure and include specific types of information. The letter should begin with a clear introduction that identifies the writer, their relationship to the defendant, and the length and nature of their acquaintance. This establishes the writer's credibility and basis for knowledge about the defendant's character.

The body of the letter should provide specific examples and concrete observations rather than vague generalizations. Instead of stating "John is a good person," an effective letter might say, "I have observed John volunteering at our community food bank every Saturday morning for the past three years, where he has consistently demonstrated patience, compassion, and dedication in serving families facing food insecurity." Specific anecdotes and documented achievements carry significantly more weight than abstract character assessments.

The letter should address the defendant's positive character traits, work history and professional contributions, family relationships and responsibilities, community involvement and volunteer work, educational achievements or pursuit of self-improvement, expressions of remorse and steps taken toward making amends, and plans for the future and support systems that will facilitate successful reintegration. If the writer has knowledge of the circumstances that led to the offense, they may provide context, though this should be done carefully and factually without minimizing the seriousness of the conduct or blaming others.

The letter should conclude with a clear statement of support and, if appropriate, a respectful request that the judge consider a lenient sentence. Writers should avoid making specific sentencing recommendations (such as "I believe John should receive probation rather than incarceration"), as judges generally view this as overstepping. Instead, writers might state, "I respectfully ask that you consider John's character, his contributions to our community, and his potential for continued positive impact when determining an appropriate sentence."

What to Avoid in Character Reference Letters

Certain content can undermine the effectiveness of character reference letters or even damage the defendant's case. Letters should never minimize the seriousness of the offense or suggest that the criminal conduct was not a significant matter. Judges are particularly sensitive to letters that appear to excuse, justify, or trivialize criminal behavior. Similarly, letters should avoid blaming victims, prosecutors, law enforcement, or the legal system for the defendant's predicament, as this suggests a lack of accountability that judges view unfavorably.

Writers should not claim that the defendant is innocent or was wrongly convicted, particularly after a guilty plea or jury verdict. Such claims undermine the letter's credibility and may irritate the judge. Letters should not include legal arguments, citations to case law, or attempts to interpret sentencing guidelines, as these matters are properly addressed by defense counsel. Writers should avoid hyperbole, excessive emotion, or dramatic language that may appear manipulative rather than sincere.

Personal attacks on prosecutors, victims, or witnesses are entirely inappropriate and will reflect poorly on both the writer and the defendant. Letters should not contain false or exaggerated claims, as credibility is paramount. Writers should not discuss matters beyond their personal knowledge or make claims they cannot substantiate. And letters should not be submitted without the knowledge and approval of defense counsel, as attorneys need to coordinate the overall sentencing submission and ensure consistency in the narrative presented to the court.

Format and Submission

Character reference letters should be formatted as formal business correspondence. They should be typed on letterhead if the writer is writing in a professional capacity (for example, a supervisor writing on company letterhead), though personal letters on plain paper are also acceptable. The letter should be addressed to "The Honorable [Judge's Full Name], United States District Court for the [District]" or the appropriate state court designation. Letters typically run between one and three pages; longer letters risk losing the judge's attention, while very short letters may appear insufficiently thoughtful.

Each letter should be signed by the writer with their full name, title (if relevant), and contact information. Some jurisdictions require original signatures rather than electronic signatures. Defense attorneys typically collect all character reference letters and submit them as part of a coordinated sentencing memorandum, though procedures vary by jurisdiction and judge. Letters should be submitted according to the timeline specified by the court or defense counsel, typically at least one week before the sentencing hearing to allow the judge adequate time for review.

In federal court, character reference letters are generally filed as exhibits to the defendant's sentencing memorandum. Some defense attorneys compile letters into a bound volume with a table of contents for ease of reference.

How to Write a Character Reference Letter for Court

Individuals preparing to write a character reference letter should begin by consulting with the defendant's attorney if possible, as counsel can provide guidance on themes to emphasize, information that would be particularly helpful, and procedural requirements. Writers should reflect carefully on their personal knowledge of the defendant and identify specific examples, stories, and observations that demonstrate positive character traits.

The letter should be written in the writer's own words and reflect their genuine voice. While reviewing examples may be helpful, copying template language or form letters is counterproductive. The tone should be respectful and formal, appropriate for communication with a federal or state judge. Writers should be honest and authentic; judges are skilled at detecting insincerity or exaggeration.

Before finalizing the letter, writers should proofread carefully for spelling, grammar, and clarity. A letter containing numerous errors may undermine the writer's credibility. Writers should also consider whether they are comfortable with the possibility that the letter may become part of the public court record and potentially accessible to media or others, particularly in high-profile cases.

Character Reference Letter Template and Examples

While each letter should be personalized and reflect the writer's genuine observations, a general structure can be helpful:

Introduction: "My name is [Full Name], and I am writing to provide information about [Defendant's Name] to assist the Court in its sentencing decision. I have known [Defendant] for [number] years in my capacity as [relationship], and I am writing based on my personal observations of [his/her] character during this time."

Body - Specific Examples: "During the time I have known [Defendant], I have observed [specific example demonstrating positive character trait]. For instance, [concrete anecdote or documented achievement]. Additionally, [Defendant] has [another specific example]. These actions demonstrate [positive character trait] and reflect [his/her] commitment to [positive value or contribution]."

Body - Context and Growth: "I am aware that [Defendant] has accepted responsibility for [general reference to offense without minimizing it]. In the time since [he/she] became aware of this matter, I have observed [specific steps toward rehabilitation, such as participation in treatment, volunteer work, educational pursuits, or other positive actions]."

Conclusion: "Based on my personal knowledge of [Defendant]'s character, [his/her] contributions to [family/workplace/community], and [his/her] genuine remorse and commitment to making positive changes, I respectfully ask that the Court consider these factors when determining an appropriate sentence. I believe [Defendant] has the character, support system, and commitment necessary to contribute positively to society in the future. Thank you for considering my perspective."

Signature Block: [Signed], [Full Name], [Title/Position if relevant], [Contact Information]

Character Letters for White-Collar Offenses

Character reference letters play a particularly significant role in sentencing for white-collar offenses such as fraud, embezzlement, tax evasion, and other economic crimes. White-collar defendants often have no prior criminal history, extensive professional accomplishments, and strong community ties, making character evidence especially relevant to sentencing decisions.

In white-collar cases, letters from professional colleagues, clients, business partners, and industry leaders can be particularly valuable, as they speak to the defendant's contributions outside the specific conduct that led to the conviction. Letters should address the defendant's reputation in the professional community, contributions to the field, and ethical conduct in other contexts. However, writers should be careful not to suggest that professional success or community standing should excuse criminal conduct.

Letters in white-collar cases should acknowledge that the defendant violated a position of trust and should speak to the defendant's understanding of the seriousness of this breach. Effective letters often discuss steps the defendant has taken to make amends, such as cooperation with authorities, efforts to provide restitution to victims, or participation in ethics training or counseling.

Recent Developments

The role of character reference letters in sentencing has evolved with changes in sentencing law and practice. The post-Booker advisory guidelines regime has increased judicial discretion and, correspondingly, the potential impact of character evidence. Growing awareness of mass incarceration and sentencing disparities has led some judges to consider character evidence more carefully, particularly in cases involving first-time offenders or non-violent crimes.

Social media and online platforms have created new questions about character evidence. Some defendants have submitted letters of support collected through online petitions or social media campaigns, though judges generally view these as less credible than traditional letters from individuals with personal knowledge of the defendant. Defense attorneys increasingly use social media to identify potential letter writers and to demonstrate community support, though they must be cautious about the authenticity and quality of such submissions.

The COVID-19 pandemic affected character letter submission practices, with increased acceptance of electronic submissions and remote coordination between defense attorneys and letter writers. Some courts became more receptive to video statements from character witnesses in addition to or instead of written letters, though practices vary by jurisdiction and judge.

External Links

• United States Sentencing Commission
• Federal Defenders
• 18 U.S.C. § 3553 - Legal Information Institute
• Maryland Federal Public Defender: Writing a Character Letter