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Pros And Cons Of Indeterminate Sentencing

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Determinate vs. Indeterminate Sentencing

Sentencing is a fundamental stage in the of the criminal justice process. After the trial process is complete and the defendant has been found guilty the court will impose the penalty. The basic goals of modern sentencing are retribution, incapacitation, deterrence, rehabilitation and restoration. These goals are achieved by different sentencing practices which are indeterminate and determinate sentencing. This essay will compare indeterminate and determinate sentencing; outline the pros and cons of each sentencing model while providing two examples of each.

Indeterminate sentencing is a form of “criminal punishment that encourages rehabilitation through the use of general and relatively unspecific …show more content…

Determinate sentencing can reduce bias of judges and juries adding consistency to sentencing. The predetermined sentence, if found guilty for an offender, is solely based off of the crime and not the race, religion or identity. This consistency, however, doesn’t allow any discretion for judges to impose sentences based off of the circumstances of the crime. The problem with determinate sentencing is that the offender would serve his or her entire sentence. This meaning the offender would not be released until the sentence that was imposed was carried out. This “definite sentence” doesn’t assist the offender in rehabilitation. Determinate sentencing doesn’t give incentive for good behavior (Castillo, 2013). An advantage of determinate sentencing is this is a standard deterrence for a crime. If you commit a crime you know what the consequences of those actions will be. You will serve the full amount of time for the act. It does not waiver if you plead guilty or are determined guilty. Determinate sentencing impacts prison overpopulation because, it “does not allow an inmate to be eligible for parole, until at least 85% of the prison term has been served” (Mudaliar, 2015). This causes stress for the correctional staff and can increase violence inside the

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When a judge is considering sentencing to convict an offender specific deterrence should be more valuable than general deterrence but both are needed in the sentencing process. For the offender not to reoffend specific deterrence need to be embedded to determine the certainty of the crime. So the offender will not commit the same crime twice. Overall doing the sentencing process the judge have the right to use this offender specific deterrence to promote general deterrence to the public. This will allow other to fear the consequences and possibly punishment if they commit this specific crime.

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Chapter 11 talked about the goals of of corrections. These goals included Retribution, Incapacitation, Deterrence, and Rehabilitation. Each of these goals contribute to the corrections of juveniles. Incapacitation is when the offender is locked away, not allowing them to be in society minimizing them committing any type of crime. Retribution also now as dessert is when the offender is punished for their criminal acts.

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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.

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The next goal of deterrence is that imprisonment is not so much a deterrent for the offender rather for others in society who are thinking of committing crimes and the fear of prison should deter them from going through with their actions (Sykes, 2007). The last goal of deterrence, imprisonment will keep offenders away from society thus they are not able to prey on the community (Sykes, 2007). The last justification for imprisonment is reform. The use of reform as a justification for imprisonment is based on the idea that prisons can eradicate the causal factors of crimes within an individual and imprisonment can be used as a mean to keep the offender long enough in order for that goal to be accomplished. Based on the entirety of the book, the ground punishment seems to be more closely aligned with the New Jersey State Prison in the 1950s.

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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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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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