Creating Success Through Creative Sentencing Matthew Buesing - - PDF document

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Creating Success Through Creative Sentencing Matthew Buesing - - PDF document

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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

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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

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Creative Sentencing

What it is not:

Noise Ordinance Violators Forced to Listen to Barry Manilow Men Sentenced to Dress in Drag Man Forbidden to Have Girlfriend Judge Rules Sex Offender is Too Short for Prison Judge Arrests Entire Courtroom Judge Makes Slumlord Live in His Own Building Man Sentenced to Church Six-Year-Old Boy Sentenced to Traffic School Man Sentenced to Church

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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

What is it:

Definition: a criminal punishment considered innovative diff t f h t ld b id d l d

Creative Sentencing

  • r different from what would be considered usual and

chosen especially to be a deterrent for the future behavior

  • f this individual
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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

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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!

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Evidence-based

  • History

Prosecutor

  • Special Obligation as Officer
  • f the Court

Defense Attorney Defense Attorney

  • Act in Best Interest of the

Client Judiciary

  • Appropriate Application of

the Law

  • Collaborative Effort
  • Common Goal
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  • Budgets and Resources
  • Be Creative

Be Creative

  • Insurance

Real Cases implementing creative sentencing

  • 21-year old assault defendant
  • Issue spotting

A t b d f

  • Acceptance by defense

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

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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

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Building Relationships to Address Misdemeanor Cases Involving Veterans

Patricia George Assistant City Prosecutor III Community Prosecution Bureau City of Phoenix Prosecutor's Office

WHAT DO YOU DO WHEN YOU HAVE A VETERAN ENTER THE CRIMINAL ENTER THE CRIMINAL COURT PROCESS?

WHY? WHY?

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  • 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
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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

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Success Stories

WHY DOES ANY OF THIS MATTER? OF THIS MATTER?

BE PART OF THE SOLUTION FOR A SOLUTION FOR A BETTER COMMUNITY