Simple English definitions for legal terms
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Lateral sentencing is a type of departure from the standard rules for sentencing a criminal. It allows a defendant to avoid going to jail by being confined to their home or community. This is different from upward departure, which means a harsher sentence than the standard guidelines propose, and downward departure, which means a more lenient sentence.
Definition: Lateral sentencing is a type of departure from the standard sentencing guidelines in federal cases. It allows a defendant to avoid incarceration by serving their sentence through community or home confinement.
Example: If a defendant is convicted of a non-violent crime and has a low risk of reoffending, the court may choose to sentence them to lateral sentencing instead of imprisonment. This means the defendant will serve their sentence in their own home or a community facility, under strict supervision.
This example illustrates how lateral sentencing is a deviation from the standard guidelines, allowing for a more lenient sentence for certain defendants who are deemed low-risk.