ALTERNATIVE SENTENCING

Sentences for a criminal conviction can take many forms, and a conviction doesn’t always mean a
trip to jail or prison. Alternative sentences are sometimes offered and include different combinations
of the following: a suspended sentence, probation, fines, restitution, community service and deferred
adjudication/pretrial diversion.

Suspended Sentences
As an alternative to imprisonment, a judge can issue a suspended sentence where he or she either
refrains from handing down a sentence or decides on a sentence but refrains from carrying it out.
Judges typically determine whether to impose alternative sentences based on the type and severity of
the crime, the age of the defendant, the defendants criminal history, the effect of the crime on the
victims, and the defendants remorse.

Suspended sentences can be unconditional or conditional. An unconditional suspended sentence

simply suspends the sentence with no strings attached. If the suspended sentence is conditional, the
judge can hold off from either imposing or executing the punishment so long as the defendant fulfills
the condition of the suspension.

Common conditions can include enrolling in a substance abuse program and not committing any
further crimes. If the conditions aren’t met, the judge can then either impose or execute a sentence.

Probation
Another alternative to prison is probation. Similar to a suspended sentence, probation releases a
defendant back into the community, but he or she does not have the same level of freedom as a normal
citizen. Courts typically grant probation for first-time or low-risk offenders. Statutes determine when
probation is possible, but it is up to the sentencing judge to determine whether or not to actually grant
probation.

Probation comes with conditions that restrict behavior, and if the probationer violates one of those
conditions, the court may revoke or modify the probation. Courts have a great deal of discretion when
imposing probation conditions.

Fines
Almost all of us have had to pay a fine once or twice, most often in the form of a speeding or parking
ticket. People convicted of more serious crimes also have to pay fines in many situations, although
the amount of the fine is usually much more substantial than a traffic ticket. Generally, fines are
imposed to punish the offender, help compensate the state for the offense, and deter any future
criminal acts.

Restitution
Restitution is like a fine, but the payment made by the perpetrator of a crime goes to the victims of
that crime instead of the court or municipality. Judges often order restitution be paid in cases where
victims suffered some kind of financial setback as the result of a crime. The payment is designed to
make the victims whole and restore them financially to the point they were at prior to the commission
of the crime.
For example, a graffiti artist who spray paints the side of a business may be ordered to pay restitution
to the business owners who could then repaint the building. In another example, a defendant who
injured his victim in a fight may be ordered to compensate the victim for his medical expenses.

Court Ordered Community Service

In some cases, a judge will order a criminal offender to perform work on behalf of the community,
usually in exchange for a reduction of fines and/or incarceration. Court ordered community service
can accompany some other form of alternative sentence with the intent that performing community
service offers more benefit to society than being incarcerated. The community benefits from the work
that the offender performs and avoids the cost of incarceration while the offender benefits from a
lesser sentence and hopefully learns from his or her work experience.

Deferred Adjudication / Pretrial Diversion

Certain types of offenses and offenders may qualify for programs that result in having charges
dismissed if the defendant completes specified conditions. Sometimes called deferred adjudication or
diversion, these programs take the defendant out of the ordinary process of prosecution so he or she
can complete certain conditions. Once he or she is done, either the prosecutor or the court dismisses
the charges.

The goal of diversion programs is to allow a defendant time to demonstrate that they are capable of
behaving responsibly, and they are typically used for drug offenses or first-time offenders. Normally,
the conditions imposed include some form of counseling and/or probation, and require the defendant
to stay out of trouble.

“Scarlet-letter” punishments
Punishing by shaming provides a cheap and morally satisfying alternative to punishment. Courts have
ordered people convicted of assault or child molestation to put signs in their yards, announcing their
crimes. Still other judges have ordered chronic drunk drivers to put bright orange bumper stickers on
their cars, announcing their problem and urging other drivers to report erratic driving to the police.
Critics say this form of punishment is unlikely to succeed in changing the behavior of repeat offenders
because those people are used to breaking society's rules anyway.