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Essay On Determinate Sentencing

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Recommended: Negative effects of mandatory sentencing

Determinate sentencing can deter crime since individuals are encouraged to weigh the consequences of their actions before carrying them out. If individuals were aware that a drug offence could carry a 10 year sentence if found guilty, it may persuade people who are deciding whether to commit this crime, to follow the law instead of break it (Determinate Sentencing Pros and Cons 2014). Thus, it can be inferred that the harsher the sentence, the more likely someone may decide to obey the law in avoiding the legal consequences of that criminal action (Determinate Sentencing Pros and Cons 2014). In their book Deterrence, Zimring and Hawkins explain that establishing lengthy imprisonment in sentencing laws warns the public that serious crimes will not be tolerated (Wicharaya 1995, p. 7). This reinforces and builds respect for law …show more content…

7). Such an idea is evident in Western Australia when mandatory sentencing laws, types of laws within determinate sentencing, were introduced and ultimately, reduced crime. The state government claimed that downward trends in car theft and juvenile convictions were due to the deterrent effects of the determinate sentencing legislation (Roche 2009, p. 4).
However, leniency on women’s punishment may undermine efforts of determinate sentencing to deter crime. Mitigating factors are taken into account, which allows for judges to lower their sentence and prevents the power of certainty of sentencing to discourage crime. Fox and Freiberg affirm this as they concluded that there were several cases where the courts stated it was appropriate to give a lower sentence for females (Naylor 1991, p. 1). The reasons given for leniency include 'reasons of compassion ', public opinion favouring a more merciful sentence for females, the lower recidivism rate of women and the differences in prevalence of crime between the sexes (Naylor 1991, p. 1).

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In the United States, there are two primary models; Indeterminate and determinate sentencing. Indeterminate sentencing refers to blending decisions provided by the sentencing judge and later from a release authority so the actual time served can be determined. The judge will sentence offenders to indeterminate sentencing during the time of the sentence including the maximum or minimum amount of time that’s to be served. Once an offender serves the minimum amount of time they are qualified for a release by the parole board. However, the maximum sentence may have to be served by the offender if the parole board doesn’t grant an early release.

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Determinate Sentencing Model: Determinate Sentencing Model

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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.

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Examples Of Gender Disparity In Criminal Sentencing

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I. Gender Disparity Guidelines and Data In the context of gender disparity in criminal sentencing, some may think that having said that criminal courts are more lenient on women is just one’s opinion. In fact, a lot of researches and data suggest that there is a strong different in gender in the sentencing outcomes. Men are sentenced to longer prison terms than women. Men are 42% more likely to be sentenced to prison.

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Role Of Criminal Sentencing In The United States

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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

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Determinate Sentencing Vs. Indeterminate Sentencing

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In the U.S. criminal justice system, there are two basic sentencing models that the courts use to apply their judgments. These are determinate sentencing and indeterminate sentencing. Determinate sentencing can be referred as a set sentence imposed to an offender this model is based on the famous phrase “Do the crime and will do the time”; however, this model has a unique quality and that is that a parole board can’t overturn the length of the sentence that was imposed. On the other hand indeterminate sentencing can be describe as the length of a sentences that has not being defined yet like the term “25 to life” on this term you can see that the sentencing was not set to an specific time frame, that means that the offenders release date is

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Defined as a public policy that imposes an outlined amount of prison time based on the crime committed and the defendant’s criminal history, these sentences dictate that a judge must enact a statutory fixed penalty on individuals convicted of certain crimes, regardless of extenuating circumstances. Such laws have removed discretionary sentencing power from judges, instead focusing on severe punishments in line with national drug and crime concerns. While the original goal of mandatory minimum sentences was to deter potential criminals, reduce drug use, control judicial prudence, the policy has had extreme consequences such as sentencing imbalances and

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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,

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However, crimes are committed whilst in prison, such as drugs and assaults. Some critics say the ‘three strikes and you are out’ law where repeat offenders get a longer sentence are wrong, as the third strike could be a lesser crime such as public disorder. Nevertheless, if just incapacitation and no rehabilitation some critics say will be costlier to society as they will go out and reoffend and, they are not employed and pay taxes. Rehabilitation is also a punishment which should improve the offender's behaviour and stop them committing crimes. Advocates of rehabilitation state prison does not work; however, critics of rehabilitation state prison does work as the criminal cannot commit a crime against the public while incarcerated (Cavadino, 2007 p 36/56).

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Therefore, the criminal justice system is more assuasive towards women thus leading to female crimes being disregarded and being less likely to show up in official statistics. This creates an invalid image that exaggerates the level of gender differences in crime. There is evidence to support this claim. Results from studies

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Consequently, there is evidence from studies that draw conclusions that there is gender bias in sentencing for both women and men. On the surface there appears to be a degree of preferential treatment or leniency in the criminal justice system. However, there are other factors that enshroud the whole aspect of biases that include class, race and the offence in question among others. There is need for the justice system to understand female offenders in order to be able to address it effectively and avoid the perpetual claims of bias which only signifies the

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