Sentencing Memorandum Mitigation Drafter
When preparing for sentencing with a mitigation file in hand, and you need a sourced first draft of the narrative section plus a plan for which support letters to feature.
Sentencing is often where defense counsel has the most room to change a client's outcome, and the mitigation narrative is the part of the memorandum a judge is most likely to remember. It has to turn a stack of social history, treatment records and letters into a coherent, credible account of a person, without overstatement that costs credibility with the court.
This prompt drafts that narrative from the materials you paste, each in its own tags, and requires a bracketed source note after every factual statement. Anything without a source goes to a facts-to-confirm list instead of the draft. It also triages the support letters, recommending which to feature and flagging any that may hurt, and it uses [APPLICABLE SENTENCING STATUTE/GUIDELINE] placeholders where the narrative ties to sentencing factors so the attorney supplies the law.
The narrative is a draft built from your materials, not an independent account. Verify each fact against the record, confirm the client consents to sensitive disclosures, and decide what belongs under seal. Supply and cite-check all legal authority yourself, and edit the voice so it reads as advocacy from counsel rather than generated text.
The Prompt
I represent [CLIENT NAME] at sentencing in [CASE NAME] in [COURT / JURISDICTION]. The client [PLEADED GUILTY TO / WAS CONVICTED OF] [OFFENSE]. I need a draft of the mitigation narrative section of the sentencing memorandum. Our requested sentence is [REQUEST]. <client_history> [PASTE SOCIAL HISTORY, INTERVIEW NOTES, MITIGATION SPECIALIST REPORT] </client_history> <treatment_records> [PASTE TREATMENT, MEDICAL, MENTAL HEALTH, PROGRAM COMPLETION RECORDS] </treatment_records> <support_letters> [PASTE EACH LETTER, LABELED WITH AUTHOR AND RELATIONSHIP] </support_letters> Write the mitigation narrative (about [WORD COUNT] words) as a story of the client's life that explains, without excusing, how they came to this point and why the requested sentence is sufficient. Cover: background and upbringing, hardships, work and family responsibilities, health and treatment, acceptance of responsibility and rehabilitation since the offense, and support in the community. Requirements: - Every factual statement must be followed by a bracketed source note, for example [Treatment records, p. 3] or [Letter of M. Reyes]. If a fact has no source in the materials, do not include it; list it under "Facts to confirm." - Do not exaggerate, diagnose, or characterize records beyond what they say. Quote short phrases where precision matters. - Do not describe the offense conduct beyond what is in [PLEA AGREEMENT / RECORD]; flag any material that adds new facts about the offense. - Where the narrative connects to sentencing factors, insert [APPLICABLE SENTENCING STATUTE/GUIDELINE] rather than citing any law. After the narrative, provide: 1. The three to five support letters to feature, and why (specific, first-hand, credible), plus any letter that may hurt and why. 2. Facts to confirm or records still needed. 3. Any statement in the materials that could cut against the client at sentencing. This is a draft for my review; I will verify every fact and supply all legal authority.
Example Output
A source-noted mitigation narrative, a ranked list of support letters to feature with reasons, a facts-to-confirm list and a warning list of statements that may hurt.
Illustrative example — names, figures, and facts are fictional.
MITIGATION NARRATIVE (DRAFT) United States v. Tomas Herrera (fictional) | Requested sentence: [REQUEST] Tomas Herrera grew up in a two-bedroom apartment with his mother and four younger siblings [Social history, p. 2]. When he was 14, his mother was injured at work and could no longer stand for long shifts; Tomas began working weekends at a car wash to help pay rent [Social history, p. 3; Letter of R. Herrera]. He left high school in 11th grade to work full time [Interview notes]. Over the next decade he held steady jobs in warehouse logistics, and his former supervisor describes him as "the person we called when someone didn't show" [Letter of D. Fenn]. Tomas's opioid use began after a back injury on the job in 2019 [Medical records, p. 7]. Records reflect a prescription followed by a period of use without a prescription [Treatment records, p. 1]. Since his arrest, he has completed a 90-day outpatient program and has attended weekly counseling [Treatment records, pp. 12-14]. His counselor writes that he "has not missed a session" [Letter of J. Amari, LCSW]. These circumstances bear on [APPLICABLE SENTENCING STATUTE/GUIDELINE]. LETTERS TO FEATURE 1. D. Fenn (former supervisor): specific, first-hand work history. 2. J. Amari (counselor): documents treatment progress. 3. R. Herrera (mother): concrete family responsibilities. May hurt: Letter of C. Ruiz says Tomas "was just in the wrong place." This may read as minimizing; consider omitting. FACTS TO CONFIRM - Grade he left school (interview notes say 11th grade; social history p. 4 says only that he "did not finish school"). - Whether outpatient program issued a completion certificate. COULD CUT AGAINST CLIENT - Treatment records p. 9 note one missed drug screen in March. Draft for attorney review. Verify all facts; supply all legal authority.
Tips
- •Get the client's permission before including sensitive health or family details, and consider whether any should be filed under seal under [LOCAL RULE].
- •Paste support letters exactly as received; Claude can spot form letters and generic praise that judges tend to discount.
- •In federal cases you will insert the statutory sentencing factors yourself; keep the placeholder until you have verified the controlling language.
- •Read the 'could cut against the client' list closely: a letter that minimizes the offense can undercut acceptance of responsibility.
- •Run the finished section through the legal writing editor prompt for tone and concision before filing.
Frequently Asked Questions
Why does every sentence need a source note?
Credibility is everything at sentencing, and a single unsupported or overstated fact can undermine the whole memorandum. Source notes let you check each statement quickly and catch anything Claude inferred rather than read. Remove the bracketed notes, or convert them to record citations, once you have verified the content and finalized the draft.
Can Claude identify which sentencing factors apply?
The prompt deliberately leaves sentencing factors as placeholders. The governing statute or guideline depends on whether the case is federal or state and on the offense, and the text must be quoted accurately. Research and insert the controlling language yourself, then confirm every citation before filing.
How should I handle sensitive mental health or abuse history?
Get the client's informed consent before including it, consider whether to file portions under seal under your court's rules, and describe the history only as the records support. The prompt tells Claude not to diagnose or recharacterize records, but you should still read each sensitive passage against the source document before filing.
What if support letters are weak or repetitive?
Ask Claude to explain what makes each letter specific or generic, then go back to the strongest authors for more concrete detail, such as dates, events and observations. Judges often give more weight to a few detailed letters than to many similar ones. Never edit a letter's substance yourself; ask the author to revise it.
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