One of the most consequential questions in any criminal case is simple: “So, do I have to go to jail?” For defense counsel, this question often comes from a client confronting the possibility of incarceration. For prosecutors, it reflects the gravity of decisions surrounding sentencing recommendations and the exercise of discretion.

This program examines the ethical considerations and professional responsibilities that arise when attorneys address the prospect of incarceration. The course reviews key ethical rules and professional standards governing prosecutorial discretion, defense counsel’s duties to advise clients, and the obligations that arise during sentencing advocacy.

Participants will gain practical guidance on navigating these ethical issues while advising clients, evaluating sentencing positions, and advocating before the court. The program aims to help practitioners approach sentencing decisions in a manner that is both legally sound and ethically responsible.