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The Champion

August 2010 , Page 32 

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Sentencing Strategies for Clients with Significant Health Issues

By J. Peter Shindel Jr.; Kevin E. Rahpael

A defense attorney just completed a long, hard-fought federal trial. Despite the attorney’s best efforts, the jury returned a guilty verdict against the client. Adding to the stress of the potential prison sentence the client faces is the fact that the client is burdened by serious health issues. Echoing the concerns of his spouse, the client has even expressed the ultimate fear: “I will die in prison.” When approaching a sentencing hearing under such circumstances, a client’s serious health issues present opportunities for every defense attorney. A working knowledge of the Federal Bureau of Prisons’ (BOP) policies regarding the placement of infirm inmates and the delivery of healthcare is an indispensible tool in a criminal defense attorney’s sentencing arsenal. Such knowledge can either protect the client should he be sentenced to a prison term or help avoid such a sentence altogether.

The Playing Field — The BOP Healthcare Program

Medical Classification Throu

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