Sentencing Alternatives: Prison, Probation, Fines, and Community Service
Criminal sentences may involve one or more different elements, including incarceration (prison, jail), probation, restitution (victim compensation), and community service.Prison SentencesSome state...
View ArticleWhy Judges Order Defendants to Jail or Prison
Many times, judges have the discretion to send convicted defendants to jail or prison, or to impose alternate punishments that don't involve incarceration. For example, a sentence that specifies "up to...
View ArticleBeyond Jail: Fines and Restitution
Judges may have many choices when it comes to sentencing a convicted defendant. Incarceration is but one of them; usually, fines, restitution, community service, and other options are...
View ArticleIs confiscating a defendant's car a type of fine?
I heard about a defendant's car and boat being taken by the police. Was this a fine of some sort?Answer:Technically, confiscation isn't a fine, though it might feel that way to the defendant. The...
View ArticleWhat’s the difference between jail and prison?
What’s the difference between jail and prison?Answer:Jails (sometimes called community correctional centers) are short-term lockups normally run by counties and staffed by county sheriffs. Defendants...
View ArticleCommunity Service
Judges can sentence defendants to perform unpaid community work called “community service.” A defendant may be required to perform community service in addition to receiving some other form of...
View ArticleReally Alternative Sentences
Alternative sentencing is the buzzword for an increasingly visible movement in the criminal justice system. Largely inspired by overcrowded and nonrehabilitative prisons, some judges are beginning to...
View Article“Time served” sounds great. Why not take the deal right away?
I've been offered "time served," which means I can go home right away. Any reason not to agree?Answer:Time that defendants spend in jail before they are convicted (called pretrial detention) may be...
View ArticleJail, Prison, Fines, Community Service, and Alternatives
Many factors influence a defendant's sentence: The severity of the case, the discretion the legislature has given the judge to impose an appropriate sentence, and the needs of the criminal justice system.
View ArticleIf I’m sentenced to jail, do I have to go right away?
If I’m sentenced to jail, do I have to go right away?Answer:Defendants who are out on bail when they are sentenced to jail are sometimes hauled off immediately. Other times, the judge may agree to...
View ArticleThe Meaning of "Cruel and Unusual Punishment"
The Eighth Amendment to the United States Constitution prohibits the infliction of “cruel and unusual punishments.” Virtually every state constitution also has its own prohibition against such...
View ArticlePrivate Manning, Gender Reassignment, and Cruel and Unusual Punishment
The phrase “cruel and unusual punishment” often relates to sentences for criminal defendants. But it can also apply to conditions those defendants face once they are imprisoned. Lack of food, physical...
View ArticleHow Drug Courts Work
Drug courts are a variation of the current push for alternative sentencing. Founded in the late 1980s, they originally dealt with first-time drug offenders but now admit some recidivists. They were...
View ArticleWhat kind of community service can a judge order?
Community service, also known as community restitution, is a form of punishment intended to benefit the community that’s been harmed by an offender’s crime. Judges often order offenders to perform...
View ArticleCan you be thrown in jail without having committed a crime?
In a 2014 case, a Tennessee woman went to jail because she failed to keep up her yard. She had received a citation (and citations before it) for not meeting the standards of Lenoir City’s ordinance on...
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