"So, do I have to go to jail?" This is perhaps the most impactful question a criminal defendant asks their defense lawyer, and perhaps the most impactful detail a prosecutor must consider. This course focuses on the ethical considerations and professional responsibilities that arise when addressing questions of incarceration. Asking whether someone would or could go to jail may inadvertently raise ethical challenges for both prosecutors and defense lawyers. In this course, we will review key codified ethical rules and professional standards that guide attorneys in these situations.

Upon completion of this CLE, practitioners will gain insight into how these ethical principles overlay on their cases and will be equipped to approach criminal sentencing in ways that are both legally sound and ethically responsible, potentially inspiring new and creative strategies for advocating for or against incarceration.