ipl-logo

Indeterminate Sentencing Vs Incarceration

166 Words1 Page

Indeterminate sentences are imposed with the individual criminal in mind. A minimum and maximum sentence such as 3-5 years are given by a judge. After the minimum sentence is served, the length of incarceration may vary based on the prisoner’s level of cooperation with the correctional agency. Early parole may be granted for good behavior. Determinate sentences are a fixed term of incarceration. The maximum length is set by legislators and the judge imposes the length of the sentence up to the maximum. Mandatory sentences are set by legislators instead of judges. Mandatory sentences set a penalty for certain crimes that is the standard for all offenders convicted of that crime.
I do not believe three-strike laws should be implemented across

Show More
Related

  • Persuasive Essay On 3 Strike Law

    493 Words  | 2 Pages

    The 3 Strike Law is a law that applies to offender that have a history of being convicted of two or more violent crimes, and have moved on to committing another serious offense. Consequently, their prison sentence is increased in comparison to their previous sentences resulting in receiving a punishment to life in prison at their third offense. However, in 1994 the state of California enacted the law were criminals could be incarcerated when committing a non-violent crime for the third time, as long as they had a history of ever committing a serious or violent felony, the 3 Strike Law will still apply to them. The 3 strike Law is beneficial to society by removing the criminals off the street and preventing them from ever putting people at risk of being victimized by them again.

    Read More

  • Indeterminate Life Sentence V. Ewing's 3 Strikes

    217 Words  | 1 Pages

    Ewing had been convicted of both burglary and robbery approximately seven years before the crime that gave rise to this appeal. When he stole the golf clubs, he was still on parole following his release from prison related to those two felony convictions. Following his conviction in this case, the trial judge declined to exercise discretion and convict Ewing of a misdemeanor only, as he was allowed but not required to do under California law. After determining that Ewing should be punished for a felony offense, the trial judge applied California’s “three strikes" law, where a criminal defendant must be sentenced indeterminate life sentence, which in this case was twenty-five years to life. Ewing claimed that the sentence was disproportionate

    Read More

  • Third-Strike Law Case Study

    550 Words  | 3 Pages

    The Three Strikes Law states that a penalty enhancement should be handed down to anyone who had previously been convicted of one or more supposedly serious or violent felonies. Under the same laws, an offender who had previously been convicted of a violent or serious felony, regardless of how diminished it may be, face the risk of double-sentencing under the guidelines of the second strike. On the other hand, a third- strike sentencing guideline is applied when an offender with two or more previous crimes is convicted. Under this guideline, a minimum of twenty-five years to life is applied. However, for the third-strike sentence to be passed, the previous crimes committed must be either violent or serious.

    Read More

  • The US Marshal Service (USMS)

    997 Words  | 4 Pages

    If the offender is found guilty for the charge they will receive the harsher sentence, it is all about being honest within the federal courts, on determining the offenders

    Read More

  • Determinate Sentencing Model: Determinate Sentencing Model

    261 Words  | 2 Pages

    In the first scenario where Sam Smith committed a robbery in possession of a firearm, the type of sentencing model I would use is a determinate sentence. I think determinate sentencing would be ideal because Sam did accept his responsibility, had no previous criminal record, and no one was injured. He would receive a fixed sentence term for his actions and if he were to have good conduct in jail then he would qualify for an early release based on conduct. The actual sentence I would impose would abide by the Florida minimum mandatory law because of the firearm he was in possession of.

    Read More

  • Three Strike Law Pros And Cons

    654 Words  | 3 Pages

    The three strike law aimed to convict career offenders by giving them a harsher verdict when the offender has been convicted of their third offenses. The goal of this law was to control career offenders by making them think twice about committing crimes because of the harsh punishment they would face if they were caught committing the third crime. Ever since the law has been passed it has been in the center of many controversies. Many argue that the law is unfair to the offenders and that it has a negative effect on society.

    Read More

  • Sentencing Guidelines In The Criminal Justice System

    1427 Words  | 6 Pages

    For crimes that do not require incarceration, "it is not a departure for a judge to impose a sentence within the applicable sentencing guidelines range." (Massachusetts Sentencing Guidelines, February 1998, the Honorable Robert A. Mulligan, Chairman). If the minimum term exceeds the sentencing guidelines than the imposition of the statutory minimum is not a

    Read More

  • Examples Of Indeterminate Sentencing Authority

    622 Words  | 3 Pages

    Sentencing Authority If I was a judge the type of sentencing authority I would most likely have would be indeterminate sentencing. Indeterminate sentencing is the burden of a sentence by detainment with no precise time frame set during the sentencing. Its length, rather, is resolved in light of the detainee's behavior.

    Read More

  • Three Strikes Law

    673 Words  | 3 Pages

    The three strikes law refers to a “category of statutes” that substantially increases the length of imprisonment for anyone found guilty of three or more felony offenses (Legal). A strike is incurred each time an individual is convicted of a serious, or violent felony. The felonies that are included within this category are: “burglary, robbery, kidnapping, murder, rape, child molestation involving the use of a weapon, any offense that results in severe bodily injury, arson, and crimes that involve explosive materials.” (Randolph). Baumes law, was the precursor to the three strikes law that are in place today.

    Read More

  • Essay On Three Strikes Law

    428 Words  | 2 Pages

    You are most definitely correct Mark. The Three-strike laws are a good way to deter crimes. As stated on the Golden Gate University Law review, the Three-strike law has had a deterrent effect because it reduces felony arrests rates among the class of criminals with 1 strike by 29 to 48 percent (Goodno, 2010, p. 469). Statistically, it seems to somewhat stop repeat offenders. Bill Veeck is known for famously saying, “If you get three strikes, even the best lawyer in the world can’t get you off” (Demakis, 2012, p. 354).

    Read More

  • Role Of Criminal Sentencing In The United States

    443 Words  | 2 Pages

    Deterrence is future oriented to prevent crimes. Deterrence has two types general and specific. General is an individual punishment to dissuade others from committing crimes and specific is an individual being punished for additional

    Read More

  • Sentencing Reform

    1559 Words  | 7 Pages

    Most criminals were given only broad maximum terms of (state of being locked in a prison). If federal judges were selected/hired to deliver any sentence, the sentence would go from probation to the law-related highest possible value. No meaningful (taking a court case to a higher court for review) of the sentence was available to the offender. With the judges meeting up to make their final legal decision, each judge 's individual ideas/plans of justice and views of the purposes of sentencing, and sentences for almost the same offenses varied very much depending on the identity of the sentencing judge. Also, the system was not limited to sentencing judges.

    Read More

  • The Pros And Cons Of Sentencing

    840 Words  | 4 Pages

    These models are issued based on the type and seriousness of the crime committed (Seiter, 2014). Determinate sentencing means that an offender is being sentenced to a fixed amount of time in the prison system with a specific release date. In contrast, an indeterminate sentence involves an offender being sentenced to prison for a term that includes a minimum sentence without a specific maximum term. After the minimum sentence has been served, the case goes before a parole board for possible early release (Seiter,

    Read More

  • The New Jim Crow Summary

    1517 Words  | 7 Pages

    The deterrence theory suggests that “the severity of criminal sanctions dissuades other potential offenders from committing crimes out of fear of punishment. ”4 That is applicable to the individuals that are punished and to people in the community. Nevertheless, prison’s effectiveness is often questioned as an effective deterrent to crime. Studies have shown that longer sentences have a small effect on whether offenders commit crimes or not, and the National Academy of Sciences determined that “insufficient evidence exists to justify predicating policy choices on the general assumption that harsher punishments yield measurable deterrent effects.

    Read More

  • Essay On Harsh Punishment

    1048 Words  | 5 Pages

    There is a worldwide trend in the use of penal imprisonment for serious offenses as capital punishment has been renounced by an increasing number of countries. Harsh punishments include capital punishment, life imprisonment and long-term incarceration. These forms of punishments are usually used against serious crimes that are seen as unethical, such as murder, assault and robbery. Many people believe that harsher punishments are more effective as they deter would-be criminals and ensure justice is served. Opposition towards harsh punishments have argued that harsher punishments does not necessarily increase effectiveness because they do not have a deterrent effect, do not decrease recidivism rates and do not provide rehabilitation.

    Read More

More about Indeterminate Sentencing Vs Incarceration

Open Document