The media is making a big deal out of a letter Martha Stewart's lawyers have sent to her friends asking them to write a supportive letter to the Judge in hopes of getting a lesser sentence.

First, letters of reference are routine. The decision of the Judge and recommendation of the probation officer can be affected somewhat by their subjective impressions of the character of the individual. A well-written, detailed letter of reference that reflects positively upon the individual about to be sentenced can influence the final outcome of a sentencing hearing.

Second, and here's the rub-- because of the federal sentencing guidelines, letters have limited value. In an extraordinary case, they might contribute to a Judge's decision to depart below the guidelines, but usually, the most they can do is influence a a judge to sentence someone to the bottom of the guideline range, rather than the top. For example, if Martha's range is 10 to 16 months as expected, the letters could sway the judge to impose a sentence of 10 rather than 16 months--and to allow her to serve half of it on home arrest rather than all of it at a federal prison camp. That's likely the best scenario at this point.

In Martha's case, letters showing her to be a giving person who contributes her time and money to those less fortunate, and except for this single instance of misjudgment, a moral and honest person, could help her get the lowest sentence possible under the guidelines.