INFORMATION FOR ATTORNEYS 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 s/he is ready
    to turn things around; but, it seems as though this has occurred
    too late...  The "wake up call" which has shattered their ability 
    to rationalize their actions is threatening to shatter their life. 
    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...  Highly unlikely; and, extremely 
    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 strongly suspect the latter 
    will be the unfortunate result; so, you hope to keep them out of 
    prison.

        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 s/he is incarcerated.


                                   OR

        If you're a prosecutor or judge; who's willing to consider 
    an efficient and 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 Amendment.  The way our program 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 
    of 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 considered, 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 and the severity of the sentence, there can be some
    resultant scarring; but, this is uncommon and really
    pretty insignificant, considering the alternative.  From 
    the standpoint of liability, the potential for these minimal 
    effects are fully explained to the client in advance and are
    covered in the liability release which they have to sign, in 
    order for us to accept their case.

        The next consideration you would normal have is that of 
    public safety and the impact on the community.  We do not 
    consider applications from people who are charged with a 
    violent crime; or, who have a history of violent behavior.  
    It's a well established fact that many non-violent criminals
    will become violent within 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 counter-
    productive side-effect 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.  This keeps the context of the 
    punishment one of consequences, rather than of violence.  
    Also, if there is any history of substance abuse, we will not 
    agree to accept the person's case unless it is to be a condition 
    of their probation/deferred adjudication that they successfully 
    complete an appropriate treatment and recovery program.  These 
    elements combine to result in the person emerging from this 
    experience much better prepared to be a productive member of 
    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.  This expedites the payment of restitution to
        the victim; and, reduces the burden upon the taxpayers, 
        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 
        s/he 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 originally have 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, we strive to keep this page as concise 
     as possible, since we realize that the time an attorney or a 
     judge has to review our program is quite often limited.  Feel 
     free to contact me with anything which you would like to have 
     clarified.  An e-mail link will be provided below.

       Q1)  Where are these punishments carried out?
       A1)  We have a small facility five miles north of 
            Seminole, Oklahoma, where we prefer to meet 
            with  our clients.   It's located on 7 acres 
            in a rural area; and, has self-contained and 
            locked facilities for one client, with additional 
            quarters for any person authorized to be present, 
            such as their attorney or victim.  We realize it 
            is not always possible for a defendant to obtain  
            authorization to leave their home states.  In 
            lieu of their coming here, we do our best to make 
            do with whatever accommodations are available to
            us, as long as it is secure and NOT the defendant's 
            home.

       Q2)  Won't this result in a "media circus?"
       A2)  No, the media doesn't even need to learn it has occurred.
            We have cases which were resolved in this manner as long 
            ago as 1994, from one coast to the other.  Several safe-
            guards are built in to offer "plausible deniability," in 
            the event the press were to ever learn of a case being 
            resolved in this manner.  Also, all that needs to appear 
            on the record is that the offenders sentence was suspended 
            and/or s/he was placed on probation or given a deferred 
            adjudication, with the conventional conditions of such a 
            plea agreement.  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.  Normally, sentencing recommendations are 
            voted upon by my staff; then, we negotiate the final 
            sentence with prosecutor and/or the judge. The client 
            has already agreed to accept any severity of punishment 
            which is decided upon, without personal input.

       Q5)  What if the defendant violates a condition of the 
            agreement?
       A5)  They have a MAJOR problem!  They would have gone through 
            the ordeal of the CAS program for nothing.  The state 
            has lost nothing (except the money it costs to incarcerate 
            them, which they would have spent, had this program not 
            even been considered...)  If it's done as a part of a 
            deferred adjudication, nothing has changed; in situations 
            where a suspended sentence has been imposed, the terms 
            of suspension would have been violated.  To date we have 
            not encountered this problem, however; since everyone 
            who has completed our program has gone on to become a 
            law-abiding and productive member of society.

       Q6)  What did you mean by "plausible deniability?"

       A6)  CAS cases go through as an informal, good-faith 
            agreement, PRIOR TO the plea being finalized.  
            When there IS any record of the defendant having 
            participated in our program, it's typically 
            denoted as a "private behavioral treatment 
            program," in the same context as an anger 
            management program, substance abuse program, 
            or any other such relevant program, which is 
            often accepted as a tangible indication the 
            defendant is taking voluntary steps to insure 
            that s/he does not repeat the criminal behavior. 
            Additionally, we have a secondary "guilt program," 
            for people who are overwhelmed by remorse (with or 
            without charges pending), which the defendant is 
            able to participate in with no court involvement, 
            other than authorization to travel to Oklahoma.  
            Some of these people "choose to present a copy of 
            the tape, as evidence of sincere remorse;" others 
            receive the plea agreement without the prosecutor 
            and/or judge choosing to view the tape.....  The 
            extent of involvement one acknowledges is strictly 
            up to the individual judge or prosecutor.

       Q7)  If this is not a formally agreed upon part of the 
            plea agreement, what assurance do I have that my 
            client won't be sent to prison, despite of their 
            having completed this program?

       A7)  Although every segment of society has an occassional 
            "bad apple," I have yet to encounter a prosecutor or 
            a judge who has betrayed such a good-faith agreement.  
            Obviously, it's a risk which can't be totally ignored; 
            however, my experience has been that these people are 
            too ethical to betray such an agreement.  Plus, a 
            person would have to be totally callous to be able to 
            watch a tape of one of these punishents and fail to 
            understand the true sincerity and commitment to change 
            which exists for a defendant to undergo this severe a 
            punishment.  With an average cost to the state of 
            $30,000 per year to incarcerate an offender, few are so 
            vindictive and/or short-sighted as to waste so much of 
            the taxpayer's money by incarcerating a person who has 
            excellent potential for staying out of any future 
            trouble.  Given the fact that there are provisions for 
            incarceration, if the defendant were to violate even 
            the most minor term of the agreement, my experience has 
            been that they will take a "wait and see" approach; from 
            there, it's up to your clients to prove themselves.  To 
            date, each has successfully done so...