NCJ Number
111148
Date Published
1988
Length
341 pages
Annotation
This handbook is intended for use by defense attorneys, prosecutors, probation officers, judges, and others involved in seeking and implementing alternatives to incarceration as positive solutions to criminal sentencing.
Abstract
The first section describes the criminal sentencing process and outlines the roles that practitioners who seek alternative sentences must actively play. Emphasis is placed on the need to act before disposition and on the four factors that influence the court-ordered disposition: plea bargaining, presentence investigation reports, the participation of crime victims, and the sentencing hearing. The nature and operation of probation are also detailed. The second section presents individual examples of alternative sentences for 11 specific types of crimes. Examples are drawn from a variety of courts and jurisdictions and include specific examples of alternative sentences imposed on high-risk, chronic offenders. The third section examines each of the major components of alternative sentences, with emphasis on Federal and State case and statutory law relating to restitution, community work service, monetary sanctions other than restitution, mandatory treatment, incapacitation without incarceration, and alternative uses of incarceration. Each alternative sentencing component is analyzed in detail. The final section examines ways in which alternative sentences can be enforced by the courts and how they can be evaluated. Checklists, forms, chapter notes, table of statutes, table of cases, index, and 140 references. (Author summary modified)