Creating Success Through Creative Sentencing Matthew Buesing - PDF document

4/30/2012 Accessing Community Resources to Increase Success in Misdemeanor Prosecution in Misdemeanor Prosecution Matthew Buesing Patricia George John Tutelman Creating Success Through Creative Sentencing Matthew Buesing Assistant City Prosecutor III Charging Bureau City of Phoenix Prosecutor’s Office Why are we here? y 1

4/30/2012 Creative Sentencing What it is not: Noise Ordinance Violators Forced to Listen to Barry Manilow Men Sentenced to Dress in Drag Judge Rules Sex Offender is Too Short for Prison Man Forbidden to Have Girlfriend Judge Arrests Entire Courtroom Judge Makes Slumlord Live in His Own Building Man Sentenced to Church Man Sentenced to Church Six-Year-Old Boy Sentenced to Traffic School 2

4/30/2012 Man Ordered to Wear "Sex Offender" T-shirt at Work Woman Has to Eat Bread and Water Court Agrees to Give Rapist Lighter Sentence If Victim Agrees to Marry Him Drunk Driver Ordered to Carry Photo of Dead Victim Judge Tells Underage Drinker to Commit Suicide Judge Mike Cicconetti: King of Wacky Sentences Creative Sentencing What is it: Definition: a criminal punishment considered innovative or different from what would be considered usual and diff t f h t ld b id d l d chosen especially to be a deterrent for the future behavior of this individual 3

4/30/2012 Creative sentencing is really just another way of saying Problem Solving Problem Solving To quote Einstein “Insanity is repeating the same actions and expecting a different result.” 3 Rs 1.Retribution 2.Restitution 3.Rehabilitation 4

4/30/2012 Rehabilitate Defined 1. To Restore What One Has Lost 2. To Put Back in Good Condition 3. To Bring or Restore to a State of Health, Constructive Activity, Etc. What v. Why • Predicate for any y Rehabilitation to Occur Symptom v. Disease ONE SIZE FITS ALL! IT DOESN’T WORK! 5

4/30/2012 Evidence-based • History Prosecutor • Special Obligation as Officer of the Court Defense Attorney Defense Attorney • Act in Best Interest of the Client Judiciary • Appropriate Application of the Law • Collaborative Effort • Common Goal 6

4/30/2012 • Budgets and Resources • Be Creative Be Creative • Insurance Real Cases implementing creative sentencing • 21-year old assault defendant -Issue spotting -Acceptance by defense A t b d f counsel • Theft and Trespassing at Goodwill -Resources • Beer run by a 20-year old Considerations Cultural Background Native American Connections 4520 N Central Avenue, Suite 600 Phoenix, Arizona 85012 P: 602.254.3247 • Native American Connections - Outpatient & Assessment 4520 N Central Avenue, Suite 100 Phoenix, Arizona 85012 Phoenix Arizona 85012 602.424.2060 • Native American Connections Housing Rental & Office Leasing Center 4520 N Central Avenue, Suite 120 Phoenix, Arizona 85012 602.252.2865 • Indian Rehabilitation 636 North 3rd Avenue Phoenix, Arizona 85003 602.495.3085 7

4/30/2012 Chicanos Por La Causa 1112 E. Buckeye Rd. Phoenix, AZ. 85034 602 257-0700 • Centro De la Familia – outpatient behavioral health services – receive psychiatric evaluations, medication management, counseling services • Corazón – adult residential alcohol/drug abuse counseling treatment services. It target population is adult males 18 years and older. The average length of stay in treatment at CPLC Corazon is 30 to 45 days. • Parenting Arizona 602 248-0428 - parenting classes • Domestic Violence Prevention – 602 269-1515 • De Colores - Shelter for women and children & offers bilingual and bicultural environment Challenge: Be Creative! Project Rose John Tutelman Charging Bureau Chief City of Phoenix Prosecutor’s Office 8

4/30/2012 Building Relationships to Address Misdemeanor Cases Involving Veterans Patricia George Assistant City Prosecutor III Community Prosecution Bureau City of Phoenix Prosecuto r's Office WHAT DO YOU DO WHEN YOU HAVE A VETERAN ENTER THE CRIMINAL ENTER THE CRIMINAL COURT PROCESS? WHY? WHY? 9

4/30/2012 •Homelessness •Alcohol or Substance Abuse Alcohol or Substance Abuse •Prescription •Illegal Drugs •Aggression ESTABLISH COMMUNITY PARTNERS COMMUNITY PARTNERS • Veterans Administration • Hospitals • Clinics • Military Installations • Military Installations • Community Centers • Churches • Veterans Organizations • First Responders 10

4/30/2012 eterans' ustice ustice utreach Coordinator The Value of Using Community Resources in Veterans Cases • Experts in Their Fields • Ability to Provide Resources You y Do Not Have • Combined Effort in Resolving a Community Issue 11

4/30/2012 Success Stories WHY DOES ANY OF THIS MATTER? OF THIS MATTER? BE PART OF THE SOLUTION FOR A SOLUTION FOR A BETTER COMMUNITY 12