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Defense Attorney and Alternative Sentencing: Fourteen Sentencing Programs

NCJ Number
130828
Date Published
1984
Length
55 pages
Annotation
As an aid to defense attorneys in advocating client-centered sentences, this booklet describes various types of sentencing dispositions that provide alternatives to institutionalization.
Abstract
The booklet defines a "sentencing program" as "any organized or conscious effort by agencies or people within them to affect the sentence or the sentencing decision that follows a conviction in a criminal case, excluding only efforts to increase sentences." In defining "alternative sentencing programs," the booklet describes as many sentencing programs as possible that can have some impact on incarceration. The booklet describes types of sentencing programs more than specific programs in particular jurisdictions. Defense-based alternative sentencing programs are those in which defense attorneys define the objectives for these programs and select the defendants to be referred to them. Examples of defense-based programs described in the booklet are social service programs, the defense presentence investigation, client-specific planning, trial assistant programs, and community resource coordinators. Another group of sentencing programs is created independently of the defense attorney but still serves defense counsel and their clients. Types of described programs in this category are forensic services, community services programs, employment-restitution programs, intensive probation, victim-offender reconciliation, and house arrest. Diversion programs are those in which the defense bar plays virtually no role or at most a passive role.