The 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 penalties.

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.

Why 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.

Beyond Jail: Fines and Restitution

Judges may have many choices when it comes to sentencing a convicted defendant.

Community 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 p

Really Alternative Sentences

Alternative sentencing is the buzzword for an increasingly visible movement in the criminal justice system.

How 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 born of skepticism about the efficacy of traditional courts dealing with substance abusers. Their ultimate goal is rehabilitation.  

What’s the difference between jail and prison?

What’s the difference between jail and prison?

What kind of community service can a judge order?

Community service, also known as community

Is 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?

“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?

If 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?

Can 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 ordina