Alternative Sentencing In The Federal Criminal Justice System

Increasingly, criminal justice professionals have argued that dwindling prison space should be reserved for the most serious and dangerous offenders, necessitating a reconsideration of alternative sanctions for first-time and nonviolent offenders. This paper analyzes alternative sentences for federal offenders and, specifically, United States citizens sentenced under various types of alternatives. This analysis describes current federal sentencing policy governing alternative sentences and examines offenders with alternative sentences using the United States Sentencing Commission’s data. An analysis of factors associated with alternative sentences imposed for eligible offenders provides insight into considerations made by federal sentencing courts in determining whether to impose alternatives. Other products relating to this topic that may also be of interest include the following: United States Sentencing Commission Guidelines Manual 2015 can be found at this link: https://bookstore.gpo.gov/node/49457 Code of Federal Regulations, Title 28, Judicial Administration, Pt. 0-42, Revised as of July 1, 2015 can be found at this link: https://bookstore.gpo.gov/products/sku/869-082-00111-9 Slip Opinion 13-1333, Coleman v. Tollefson can be found at this link:https://bookstore.gpo.gov/products/sku/828-050-00037-1 Slip Opinion 14-6368, Kingsley v. Hendrickson can be found at this link:https://bookstore.gpo.gov/products/sku/828-050-00058-3

This report surveys and summarizes the literature on the use of alternative sanctions in 12 western countries with a particular focus on its effectiveness and efficiency.

The articles in this collection originally appeared in the journal “Overcrowded Times”. They provide an overview of sentencing policy, practices, and institution in the United States, other English-speaking countries (Canada, England, Australia, New Zealand & South Africa), and Europe.