U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Changing the Terms of Sentencing: Defense Counsel and Alternative Sentencing Services

NCJ Number
134495
Date Published
Unknown
Length
5 pages
Annotation
This booklet describes defense-based alternative sentencing programs, their advantages over imprisonment, how they can be established, and the related services of the Sentencing Project.
Abstract
A defense-based alternative sentencing program is developed by the defense attorney in consultation with the defendant in an effort to tailor sentencing to the defendant's needs without compromising public safety and the goals of accountability and punitive consequences for criminal behavior. The sentencing is called an alternative because it intentionally avoids imprisonment, which is too costly and ineffective. Sentencing alternatives may include restitution, intensive supervision, community service, counseling, and employment services. When a guilty plea is negotiated with a prosecutor prior to a hearing before a judge, the defense attorney should include a sentencing proposal in the negotiations. In the case of conviction after a trial, the defense's sentencing recommendation should be submitted to the judge for consideration in the determination of the sentence. Alternative sentencing plans are accepted by judges in up to 80 percent of the cases in which they are recommended. In describing first steps in starting a defense-based sentencing program, the booklet outlines the development of a plan of action, the building of support, the obtaining of funds, and the selection of motivated program staff. The Sentencing Project is a resource for the development of alternative sentencing programs.