Alternative Sentencing

Find Law.com Depending on the seriousness of the crime(s), sentencing may involve one or a combination of punishments. Besides prison or jail time, alternative sentencing may include a suspended sentence, probation, a fine, restitution, community service, or diversion. In most criminal cases, unless it is a capital case decided by a jury, the judge will determine the punishment by considering factors like the defendant's age, the impact of the crime on the victims, and the defendant's level of remorse.

Types of Criminal Sentencing

Imprisonment A judge can issue a sentence that is either determinate or indeterminate. A determinate sentence is a fixed-term regulated by state statute. A judge will determine the length of a sentence by applying sentencing guidelines, mandatory minimum sentencing, and applicable enhanced sentencing for various crimes. Some states allow a judge to impose an indeterminate sentence. An indeterminate sentence is a prison term that is not for a specific amount of time. Instead, it is for a range within a minimum and a maximum term. Prison officials usually decide when to release the prisoner within the range. Suspended Sentences As an alternative to imprisonment, a judge can suspend a prison or jail sentence. This is typically used in cases involving less serious crimes or for first-time offenders. A suspended sentence can be unconditional or conditional. An unconditional suspended sentence allows the judge to abstain from imposing the proscribed punishment. Nevertheless, the conviction is still a matter of public record. If the suspended sentence is conditional, the judge can hold off from imposing the punishment for as long as the defendant fulfills the condition of the suspension. Common conditions may include not committing other crimes or enrolling in a substance abuse program. If a defendant violates the terms of a conditional suspension, the judge can impose the original punishment. Probation A judge may order probation instead of imposing jail or prison time. Probation will require the offender to follow certain conditions. Standard probation will compel the offender to regularly report to a probation officer, while another, more invasive form of probation may involve GPS monitoring or home detention. While on probation, the offender must usually

keep a job, not relocate to another state without permission, undergo drug testing, and keep current with obligated payments, such as fines or restitution. An offender that violates any of the conditions may have probation revoked. A prosecutor can choose to file a complaint asking the judge to revoke probation. Upon the determination that the offender violated probation, the judge can impose the original jail or prison sentence, can reinstate probation, or can order more severe conditions of probation. Fine As an alternative to incarceration, a judge may impose a fine. A fine is typically used in cases involving less serious crimes or those involving first-time offenders. A judge may also impose a fine in conjunction with other types of punishments, such as incarceration and probation. Restitution A judge, in conjunction with another type of punishment, may order the offender to pay the victim for the personal injury or the property damage sustained. Restitution is meant to restore the victim and to ensure that the offender is not unjustly enriched. Consequently, a court may order the offender to pay for expenses like medical bills and counseling. Community Service As punishment, a judge can order an offender to perform unpaid community service work. This punishment is often used in misdemeanor cases as a way to ensure that the offender repays society for the crime. Community service may involve picking up garbage in a park, clearing brush, or giving lectures about the dangers of the criminal activity. The goals of community service are punishment, reparation, restitution, and rehabilitation. Diversion Rather than impose incarceration in less serious offenses involving misdemeanors, a judge may divert a case. This means that upon the defendant's completion of a condition, like the completion a treatment or rehabilitation program, a judge may drop the criminal charges. Commonly, these types of cases involve drug or alcohol abuse, child abuse, and domestic violence.

Punishment of Crime

Lawyers.comsm Crimes are punished according to their seriousness. More serious crimes are given harsher penalties.

Types of Punishment
Punishment may include:

A fine Term of imprisonment (time in jail or prison) Probation or parole Restitution (repayment) to victims The death penalty

In some states, judges can give other punishments, such as community service. Penalties for crimes vary greatly from state to state. They reflect the policy decisions made by courts and lawmakers. For example, a state with a lot of cattle ranching may punish cattle theft very seriously because the cattle business important to the state's economy. Another state may punish it less severely because cattle theft it is not of great concern. In deciding an appropriate sentence, a judge may take into account your:

Prior criminal record Age Other circumstances surrounding the crime, including your cooperation with law enforcement officers

Sentencing Guidelines
In the federal criminal justice system, courts follow the United States Sentencing Guidelines (USSG). The United States Sentencing Commission, a federal agency, publishes these guidelines. Federal laws usually set maximum and minimum punishments. The USSG sets out factors courts must consider to determine the exact sentence within those maximums and minimums.

Under the USSG, persons convicted of crimes are assigned "points" for certain factors, including:

The amount of loss to victims Whether a weapon was used in the crime The age or helplessness of the victims

The guidelines also consider a person's prior criminal history. Repeat offenders receive more "points" in the guidelines and thus more severe sentences. The guidelines significantly limit the freedom of federal judges to decide sentences. The guidelines also restrict the ability of federal prosecutors to plea bargain. A few states have made sentencing rules similar to the federal sentencing guidelines.

Plea Bargains
The vast majority of criminal cases are disposed of by plea bargains. A plea bargain is an agreement between the prosecutor and the accused person. The accused may agree to plead guilty to a crime in return for a lesser sentence. A plea bargain can occur before a trial or even during a trial. In state criminal justice systems, plea bargains are usually extremely flexible and may result in:

The complete dismissal of all charges Reducing jail time to the payment of a fine Agreeing to life in prison in order to avoid the death penalty

In the federal court system, the United States Sentencing Guidelines greatly limit the ability of prosecutors to enter into plea bargains.

Probation and Parole

Probation is the suspension of jail time. If you are convicted of a crime, you may be sentenced to probation and allowed to remain living in the community under the supervision of a probation officer. Conditions of probation may require you to keep a job or attend counseling. Violating these terms may cause the court to end the probation and send you to jail to serve out the original sentence. At the end of the term of probation you are free of the state's supervision. Parole is the conditional release of a prisoner before the prison sentence has expired. Parole decisions are made by a separate state agency, or commission, which considers the applications of prisoners for early release from imprisonment.

Typically, parole is granted on certain conditions that must be carefully followed. For example, a parolee, or person on parole, may be required to check in with a parole officer each week. Violating these conditions can result in the agency revoking the parole and sending the parolee back to prison. Many states have passed sex offender registration laws. They require convicted sex offenders to register with local police departments. The police then warn individuals and groups about sex offenders in their communities. Courts have generally found these laws do not violate the constitutional rights of offenders. The specific requirements of these laws vary from state to state.

Types of Serious Crime and Punishment (Murder, Manslaughter, and Assault and Battery)
Serious punishments exist for serious crimes. The most serious crimes in our nation are considered felonies (see What is a Felony?). Below are descriptions of three of the most serious felony offenses and the ways that they are punished.

Murder
While to many of us, murder may be the act of taking anothers life, in law, murder is defined as the intentional act of killing someone. In this sense, intention involves malice aforethought; that is, a person has time to consider his or her actions and acts with the desire to take another human beings life. Under this definition, a person must be sane to commit murder, have no legal authority or excuse to kill someone, and act deliberately. Murder is often classified as first degree or second degree. The definitions of each degree vary slightly according to each state, but generally, first-degree murder is considered any murder that was premeditated or occurred under special circumstances. Special circumstances include things like the murder of a police officer, judge or witness to a crime. Second-degree murder is generally considered any murder that is not pre-meditated. Non pre-meditated murder may include killing someone in the heat of the moment if you knew that your actions would take the life of another. To understand what these degrees of murder charges mean in your state, it is important to look at your states statutes or consult a criminal defense attorney. No matter what degree of murder a person is charged with, the prosecution must prove that there was malice for a person to be convicted of murder. Non-pre-meditated murder may be hard to prove, but may also be implied. Malice may be implied from a reckless lack of concern for other human beings demonstrated by actions that needlessly put other people in danger. While it may seem obvious that the person who committed a murder is the one who will be charged with murder; however, it is important to be aware that, in some states, individuals who were involved in crime with a partner who killed someone may also be charged with murder. In addition, a person does not need to be killed instantly for an individual to be charged with murder. Rather, a person must die within a year of the attack for a death to be considered a murder. Sentencing for murder varies from state to state, but murder is generally punishable by life in prison or the death sentence. Both degrees of murder are subject to life in prison; however, second-degree murder convictions generally have a shorter incarceration time before they are eligible for parole while first-degree murder convictions are imprisoned for life without eligiblity for parole.

Manslaughter
Manslaughter is different than murder, even though both crimes involve the taking of another human life. Where murder has elements of intentionality and malice, manslaughter does not. Manslaughter is neither intentional nor premeditated and is generally classified in two levels: voluntary manslaughter and involuntary manslaughter.

Voluntary Manslaughter
Voluntary manslaughter occurs in the heat of passion or while committing a felony. The reason this is not considered murder is due to the individuals state of mind and lack of forethought for carrying out murder. When a person loses control of him or herself in a heated argument, it is generally not considered murder since the person did not set out to kill the other person, even though the situation escalated to such a deadly climax. Remember, murder is intentional, manslaughter, even if it is voluntary, is not. Voluntary manslaughter is provoked killing, not pre-meditated killing. If malice and intention can be proven in any circumstance, an initial charge of voluntary manslaughter may easily be changed to a more serious charge of murder.

Involuntary Manslaughter
Involuntary manslaughter occurs when there is no intention to kill but someone dies as a result of someone elses negligence or recklessness. Negligence occurs when a person acts with carelessness or inattention that causes damage to another person. While negligence is often the leading factor in personal injury claims (see Understanding Personal Injury Lawsuits), some injuries lead to death. And if that death occurs within one year of an accident, it is considered manslaughter and negligence becomes a criminal matter. Recklessness is another reason for manslaughter. When a person acts with total disregard for the safety of others in a particular situation and a death results from another individuals actions, it is considered involuntary manslaughter. A person may be reckless in the way he or she drives and cause the death of another human being due to that recklessness. This would be considered involuntary manslaughter. Sentencing for manslaughter varies from state to state and generally carries a less severe penalty than murder. In fact, some instances of involuntary manslaughter are not considered felonies, but misdemeanors (see What is a Misdemeanor?). In most cases, a manslaughter conviction carries jail time and a fine.

Assault and Battery

Assault and battery is a combination of two crimes: threat and actual beating. A person may be charged with assault or battery individually or assault and battery combined. Depending on the severity of the crime, an assault and battery charge may be a misdemeanor or a felony and the punishment for such activity is based on the severity of the crime.

Assault
Assault occurs when there is a threat or actual attempt to harm another individual. As such, assault is both a civil and criminal wrong. This means that a person who commits assault may be charged and tried for the crime and be sued for damages by their victim. Assault may or may not result in actual physical contact, but the threatening individual must create a state of peril for their victim and be capable of carrying out their attack for a threat to be considered assault.

Battery
Battery is an intentional physical action against another individual. It is the act of striking another human being with an intention to harm them. If a physical encounter is not intended to cause harm, it is not considered battery, even if there are damages after the encounter. Battery may also be both a civil and criminal offense allowing a victim to recover damages at the same time a suspect faces criminal charges. Harsh sentences for assault and battery exist when these crimes are carried out against vulnerable people groups such as children, pregnant women, and the elderly. Severe penalties may also apply when these crimes are: committed while engaging in criminal activity, directed toward minorities or carried out against a spouse or someone you share a home with. Assault and battery can result in criminal charges that result in jail time and fines, having to pay for a victims damages and having a restraining order taken out against you. When a person is tried for assault and battery their sentence is largely determined by the circumstances leading up to the offense in addition to their prior criminal history. If you are charged with a felony, it is important to contact an attorney immediately after your arrest to help ensure that your rights are protected and you understand the charges that you face. An experienced criminal defense attorney should be able to help you develop a strong defense for the charges that you face