Brain Imaging based sentencing, January 9, 2014

A client of mine was sentenced on a major felony to a short period of jail and probation, but with a twist: the diagnostic evaluation and treatment plan were part of the sentencing memorandum. By the time the whole thing was completed, it was forty-two (42) pages.

In a world where a normal sentencing memorandum submitted by the defense is usually one to two page plus letters of support, this was highly unusual.

And for the first time since 2005, a sitting circuit judge actually ordered the defendant to follow the treatment plan.

This is critical: you only need three things to solve the social problem of crime.

1. Accurate Diagnosis,
2. Effective Treatment Plan, and;
3. Patient-Defendant Accountability.

In most cases where SPECT (Single Photon Emission Computed Tomography) scan based diagnostic evaluations have been used to give the court a chance to impose a sentence that will solve the problem of criminal behavior, none thus far have actually required compliance as the court would in say, Drug Court or DUI school.

Until now.

This is exciting because I strongly believe an accountability mechanism is required to ensure treatment plan compliance in most cases. Putting someone on community based supervision and not requiring compliance with the treatment plan is not the best decision a presiding judge can make - Florida statutory law already requires DUI school, domestic violence counseling, drug testing, etc. Adding a compliance mechanism to the most effective treatment plan available is just plain smart.

This case resolved a major felony case with a charge reduction, compensation for victims and a strategy for rehabilitation that has a high degree of likelihood of being successful. The taxpayers are saved hundreds of thousands of dollars, and instead of being a financial drain on all of us, my client will be a productive member of society. He has already begun implementing the treatment plan in full, and many thanks to my friends at Amen Clinics.