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December 10, 2009

Interesting sign of the modern high-tech sentencing times

I came across this interesting and telling press release, titled "Leading Strategic Litigation Communication Firm Now Producing Pre-Sentencing Video Biography," when scanning the news this morning. Here are snippets:

Colton Creative, the national leader in strategic litigation communication, announces that the firm is now offering pre-sentencing biography production. Recognized as the leading producer of "day in the life" and "video settlement brochures" in the United States, Colton Creative President Andrew Colton says pre-sentencing mitigation videos is a logical product offering of his company.

"We've been asked several times by clients if we could apply the broadcast network news magazine style we use for our litigation videos to documentaries showing the good things that people facing jail or prison time have accomplished in their lives."...

Colton Creative's pre-sentencing videos are custom made and can run anywhere from a few minutes to half an hour -- following rules set by the specific Judge running the case in question.  They feature interviews with family, friends, and provide an in-depth look at why incarceration is not appropriate.

I think it makes sense for me to file this post in my "white-collar sentencing" archive, as I doubt all that many defendants other than those involved in white-collar offenses are likely to have the resources to hire this firm. 

December 10, 2009 at 11:08 AM | Permalink


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I would think with the realities of asset freezing, even many white collar defendants would be hard pressed to scrape up the cash for this sort of product. I understand that video will have a higher impact than words on paper but I would hope there aren't that many judges who would be moved by a slick presentation of the same material.

I can certainly see where such a product would be a welcome tool when trying to force settlement pretrial or trying to get a jury to accept your damage figures. I'm just not sure those dynamics are really in play when it comes to sentencing. I can even envision the possibility that something of this nature could turn a judge away from a defendant's position, seeing it as another attempted manipulation.

Posted by: Soronel Haetir | Dec 10, 2009 11:22:01 AM

I wonder if firms like this do pro bono work? I guess they are not lawyers and don't have a professional/ethical responsibility to do so, but I would hope that they would do it anyway. As with attorneys, such work could both be rewarding in and of itself and also provide a means to stretch and refine their skills by working under different conditions and with different groups of people.

Posted by: Observer | Dec 10, 2009 12:09:56 PM

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