For example Elizabeth L. Angeli, Department of Psychology, State University.
This research was supported in part by a grant from the Sample Grant
Program.
Angeli, Department of English, Purdue University, West Lafayette, IN 55555
The value of alternative sentencing
“Sentencing refers to the punishment that a judge imposes upon a defendant who has either plead guilty to a charge or who was convicted following a judge or jury trial (Nocuffs.com, n.d.).”
“Sentences for a criminal conviction can take many forms, and a conviction does not always mean a trip to prison. Alternative sentences can include different combinations of the following: a suspended sentence, probation, fines, restitution, community service and deferred adjudication/pretrial diversion. Judges typically determine whether to impose alternative sentences based on the type and severity of the crime, the age of the defendant, criminal history, the effect of the crime on the victims, and the defendant’s remorse (Findlaw, 2014).”
There are certain cases in which a juvenile delinquents, psychotic patients or criminals with other adverse conditions are given a sentence that is given to typical criminals. All such sentences are called alternative sentences.
Alternative sentence is of a great value in the case of offenders who had committed offenses due to adverse circumstances in their lives. All this evidence for a conviction is presented before a judge and the jury. In most cases of Alternative sentences, the pure jail or prison may be averted by concentrating on individual rehabilitation. The goal is to create productive citizens that avoid re-offenses.
In many cases, authorities require that the offender is to be placed in confinement for a certain number of days and undergo a rigorous rehabilitation programs against substance abuse. The local community participates in the socialization of the offender. The offender can be put on parole, depending on his or her case. Alternative sentencing has very positive implications from a humanitarian point of view. Alternative sentence is far economical than creating new prisons and drain the tax payers hard earned money. The economic importance and value of alternative sentencing cannot be denied.
Scenario A:
Defendant A has been caught dealing marijuana out of her home. It is her second offense; she has already served time. She is the single parent of two small children and has a history of spousal abuse.
According to federal law, any amount of marijuana possession can be sentenced for up to one year and a fine of 1000$ can be imposed. In this case, the defendant is a single parent of two small children. She also have been abused by her husband. She has already served in prison and has been convicted again. This clearly suggests that the system that is in place is not working rather it is degenerative for the individual and the society. It is obviously a case of re-incarceration problem. This is not something new. US judicial system is notorious for cases like this for many reasons. It is medically and psychologically known that the people who are abused in the past show psychotic problems. They have an urge to get rich quick and feel that they are left behind as compared to others. Moreover, they have concentration problems in their study and work. The best alternative sentence is that she should be given psychotic examination and based on that she should be provided appropriate treatment. Proper rehabilitation can completely change her life and the life of her loved ones. Providing her a sociological treatment is also vitally important. She should realize that her previous clan of friends can do her no good.
Defendant B was driving drunk and caused a car crash. The two victims in the other car were significantly injured but survived. Defendant B has expressed remorse. This is his first offense, and his blood alcohol was close to the legal limit.
If Defendant B has pleaded guilty or convicted for the first time of DUI (Driving under influence) causing injury. He can face a sentence to prison for a long time.
An alternative sentence of this punishment may be that his license may be suspended and he should be required to have rehabilitation and education of drug or alcohol. He should go under this process before his license and driving status may be restored (Findlaw, n.d.).
Holding him in prison can do him no good because he did not commit this offense on purpose. He may have been ignorant of the punishment of drunk driving. At the same time, he has expressed remorse for the incident that has to be taken under consideration while sentencing him.
References
Nocuffs.com. (n.d.). Sentencing | no cuffs. [online] Retrieved from: http://www.nocuffs.com/drug-cases/marijuana/the-criminal-court-process/sentencing/ [Accessed: 27 Feb 2014].
Findlaw. (2014). Alternative sentences. [online] Retrieved from: http://criminal.findlaw.com/criminal-procedure/alternative-sentences.html [Accessed: 27 Feb 2014].
Findlaw. (n.d.). Dui sentencing. [online] Retrieved from: http://dui.findlaw.com/dui-cases/dui-sentencing.html?DCMP=GOO-DUI_DrunkDrivingBroadModifier-Sentencing&HBX_PK=drunk+driving+sentence [Accessed: 27 Feb 2014].
