Sentencing the Drug Offender (From Drug Abuse and the Law Sourcebook, P 10.1-10.76, 1988, Gerald F Uelmen and Victor G Haddox, -- See NCJ-118803)

• NCJ Number: 118811
• Author(s): G F Uelmen; V G Haddox
• Date Published: 1988
• Length: 76 pages
• Sale Source: Clark Boardman Company, Ltd
• Publication Type: Training (Aid/Material)
• Language: English
• Country: United States of America

Annotation

This chapter examines the various sentencing alternatives available in drug cases, including diversion, civil commitment for treatment, imprisonment, and probation.

Abstract

Many jurisdictions offer an alternative to the adjudicatory process that may lead to a criminal conviction. This alternative, known as diversion, can be accepted by the defendant in lieu of a trial and possible conviction. Diversion for persons charged with drug use typically involves a treatment program and possibly indeterminate civil commitment. In some cases, however, the civil commitment may be longer than the prison sentence attached to the offense. There is also the danger that innocent defendants may submit to diversion to avoid the risk and expense of a trial. Should a defendant go to trial or plead guilty, the judge may use a number of sentencing options, including a prison sentence, a period of probation, a "split" sentence (jail followed by probation), or a fine. The chapter concludes with a consideration of Federal sentencing guidelines for drug offenders.