Legal Definitions - lateral sentencing

Lateral sentencing refers to a judge's decision to impose a sentence that deviates from the specific *type* or *form* of punishment recommended by sentencing guidelines, without necessarily moving to a significantly more or less severe *category* of punishment. Instead of an "upward" departure (to a harsher category like prison) or a "downward" departure (to a lighter category like unsupervised probation), the judge makes a "sideways" adjustment. This involves choosing an alternative form of punishment that is considered to have a comparable level of impact, restrictiveness, or punitive effect, often tailored to the unique circumstances of the case or the offender.

Here are some examples:

• Example 1: Modified Probation Conditions

  A defendant is convicted of a minor drug possession offense. The sentencing guidelines recommend a standard period of supervised probation with regular check-ins. However, the judge learns that the defendant has a history of struggling with addiction and has previously failed standard probation. The judge decides to impose a sentence of intensive probation, which includes mandatory daily drug testing, enrollment in a residential rehabilitation program, and electronic monitoring, along with more frequent meetings with a probation officer.

  This illustrates lateral sentencing because the judge did not move to a more severe category (like incarceration) or a less severe one (like unsupervised probation). Instead, they chose a *different, more demanding type* of probation, making a "sideways" adjustment within the general category of probation to address the defendant's specific needs and risks.

• Example 2: Alternative to Short-Term Incarceration

  For a first-time conviction of petty theft, the sentencing guidelines suggest a short jail sentence (e.g., 60 days) followed by a period of probation. The judge considers the defendant's role as the sole caregiver for an elderly parent and determines that even a short jail term would cause significant hardship to the parent. Instead, the judge imposes a sentence of six months of house arrest with electronic monitoring, mandatory attendance at a theft prevention program, and 150 hours of community service.

  This is an example of lateral sentencing because the judge substituted a non-incarceration sanction (house arrest, program, community service) for a recommended period of incarceration. While different in form, the judge viewed the combination of these alternative conditions as providing a comparable level of punishment and restriction, without moving to a fundamentally different *category* of severity (such as a multi-year prison sentence).

• Example 3: Substituting Financial Penalty for Service

  A young adult is convicted of defacing public property, and the sentencing guidelines suggest a penalty of 200 hours of community service. The judge learns that the defendant is a high-earning professional with limited free time but significant financial resources. The judge believes that community service would be less impactful as a deterrent for this individual. Instead, the judge imposes a substantial fine (e.g., $10,000) to be paid to a local youth arts program, along with a requirement to write a public apology letter to the community.

  This demonstrates lateral sentencing because the judge substituted a financial penalty for a service-based one. Both community service and a significant fine are generally considered intermediate sanctions. The judge made a "sideways" move to a different *type* of punishment, believing it would be more effective and impactful for this specific defendant, rather than moving to a more or less severe *category* of punishment.