INFORMATION FOR ATTORNIES and JUDGES 

        If you're an attorney who has been in practice for any length 
    of time, I'm sure you've faced the following situations, far more 
    times than you care to think about:

        You have a client who is guilty of a non-violent crime.
    (S)he has finally reached a point in life where they're really
    to turn things around; but, it seems as though this has occurred
    too late for them...  They've already used up all the chances
    which anyone can expect to be given; so, it seems as though
    the only option is to get them through prison in the shortest
    time possible -- and HOPE that they remain as dedicated to
    change while trying to cope with fitting in to the  prison sub-
    culture...  Pretty disheartening -- to say the least!...

        You have a client who is just getting started in their criminal
    career; but, it's clear to you that, if you manage to get them
    sentenced to probation and other common forms of alternative
    sentencing, they will be right back in your office, charged with
    another crime. (Great for the bank account; but, let's give you
    the benefit of the doubt that you're a better human being than
    that...)  You aren't sure if prison would help their attitude;
    OR, just make it even worse...

        You have a client who has pulled something REALLY stupid
    and prison is almost certainly going to be the outcome; BUT,
    you know they don't really need to be there.  They might even
    have family obligations which will result in an undue hardship
    to others while this person is incarcerated.


                                   OR

        If you're a prosecutor or judge; who's willing to consider 
    an efficient, cost-effective solution for dealing with these 
    types of defendants, at a financial and human cost which is 
    WAY below that of prison.


             C.A.S. might be the solution you need...

        C.A.S. stands for corporal alternative sentencing; but,
    before you just sigh, shake your head, and leave, give me
    a couple of moments to explain how this is a legal, viable
    alternative to incarceration.
        The first thing you're probably thinking is that this would
    be a violation of the 8th Amend.   The way this is set up, this
    is NOT the case.  A defendant's right to waive any right (or,
    the current interpretation of that right) is well established
    in legal precedent.  The only exception to this is a single
    review to a sentence of death.  It occurs every day, with even
    more fundamental rights, such as the right to remain silent
    and not incriminate themselves, the right to a trial by jury,
    etc. Through the use of voluntarily signed waivers, this form
    of sentencing amounts to the court granting the defendants
    request, rather than an imposition of a "cruel and unusual
    punishment." The fundamental issues really vary little from
    a situation in which that same defendant states that (s)he
    wishes to plead guilty, rather than be tried by a jury.
        Next, you're probably wondering just how safe this is.
    Even with liability issues aside, no one wants to see
    anyone injured; so, we have numerous safeguards in place.
    to make sure that any serious injuries do not occur.  In 
    order to be consider, the person must first pass an
    exercise cardiology test (at his or her own expense) and
    must be certified to be free of any medical condition which
    would cause strenuous physical exertion to pose a threat
    to their health. The methods and equipment we use are
    intended to result in an extremely unpleasant experience;
    but, to protect the spine and to result in only superficial
    "damage" to the skin.  Depending upon the person's skin
    type the severity of the sentence , there can be some
    resultant scarring; but, this is fairly uncommon and really
    pretty insignificant, considering the alternative.  From the
    standpoint of liability, such minimal effects would be
    covered under the liability release they would have to sign,
    in order for us to accept their case.
        The next consideration would be that of public safety
    and the impact on the community.  We do not consider
    applications from people who are charged with violent
    crimes; or, who have a history of violent behavior.  It's
    a well established fact that many non-violent criminals
    will become violent in a prison environment, to prevent
    their being victimized by the more predatory inmates.
    These  behaviors do not "just vanish" when they are
    released back into the community.  Through the use of
    C.A.S., this is avoided -- not only is the person isolated
    from any other inmates; but,  they are treated civilly by
    the staff who is working with them.  Through the use of
    victim impact statements, written assignments,  and case
    appropriate videos, a focus is placed upon this person's 
    own role in their situation.  Also, if there is any history 
    of substance abuse, we will not agree to work the person's 
    case unless it is to be a condition of their probation that 
    they participate in an appropriate treatment and recovery
    program.  These elements combine to result in the person
    emerging from the experience much better prepared to be a 
    productive member of the society than they would have been
    if they had been dealt with using more conventional means.
   
        A few other advantages which should be mentioned are:
     1) This form of sentencing can be carried out in a limited
         amount of time, allowing the offender to retain his or
         her job.  The expedites the payment of restitution to
         the victim, reduces the burden upon the taxpayer both
         in terms of a reduced cost of punishment and a reduced
         likelihood of having to support the offender's family 
         while he or she is incarcerated.
     2) There is only minimal impact upon the offender's family
         situation.  If the person is a single parent, it is far 
         more likely that (s)he will be able to find someone to 
         care for any dependent children, for the few days which 
         this form of sentencing requires, than it would be if 
         they were to be away for months, or even years.
     3) The victim, if one exists, may be present while the
         corporal portion of the sentence is being carried out --
         permitting more of a sense of closure to the crime
         than that which is possible if the offender were sent
         to prison.

         Hopefully, C.A.S. isn't sounding quite as far fetched now
     as it might have originally seemed; but, I realize that you
     may still have a lot of questions.  I've tried to anticipate 
     as many of these as possible, both below and elsewhere on
     this web site; but, this page is new and still very much 
     "under construction."  Feel free to contact me with anything
     which you would like to have clarified.

       Q1)  Where are these punishments carried out?
       A1)  While we would prefer to utilize space at your county
              jail, we realize this is not always possible.  In 
              lieu of that, we make do with whatever is available 
              to us, as long as it is secure and NOT the defendant's 
              home.  (Hopefully, in the relatively near future, we 
              will have a self-contained trailer available.)

       Q2)  Won't this result in a "media circus?"
       A2)  No, the media doesn't even need to learn it has occurred.
              There have already been a few cases which have been
              resolved in this manner.  All that needs to appear 
              on the record is that the offender was placed on 
              probation or given a deferred adjudication.  
              Confidentiality issues aside, we prefer that there 
              be no media exposure until we  have a much a larger 
              staff base.  You can be assured there will be no 
              "leaks" from our staff.

       Q3)  If there's no documentation, how do we know that this
              portion of the sentence will be carried out?
       A3)  Simple -- it is carried out prior to the case being 
              adjudicated. You are welcome to be present; or, a 
              video tape can be provided to you.  We will also 
              provided a signed affidavit attesting to the fact 
              that the sentence was completed.

       Q4)  How do we determine what would constitute a fair 
              sentence for the crime which was committed?
       A4)  After a review of the relevant facts of the case, we 
              can assist you with objective recommendations.  From 
              there, it can be negotiated just as any other plea 
              agreement.