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The Pros And Cons Of Sentencing

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Sentencing Sentencing occurs after a defendant has been convicted of a crime. During the sentencing process, the court issues a punishment that involves a fine, imprisonment, capital punishment, or some other penalty. In some states, juries may be entitled to determine a sentence. However, sentencing in most states and federal courts are issued by a judge. To fully understand the sentencing phase of criminal court proceedings, it is important to examine how sentencing affects the state and federal prison systems, learn the meanings of determinate and indeterminate sentencing, and understand the impact Proposition 57 has had on sentencing in California.
How Sentencing Affects the State and Federal Prison Systems The United States …show more content…

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, …show more content…

This model focuses on the individual needs of the offender and in doing so increases their chance of living sober once they reenter society. For example, indeterminate sentencing allows offenders who exhibit good behavior and participate in prison substance abuse programs to be paroled closer to the minimum sentencing term. This means the offender can be released from prison based on conditions set forth by the court. If the offender violates parole by committing another crime or failing to continue substance abuse treatment, they can be returned to prison. Furthermore, offering indeterminate sentencing for offenders who meet the criteria creates prison space thus helping with the ongoing problem of prison overcrowding (Seiter,

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A recent trend in the United States Justice System, at local and state levels, is to implement the use of formulas and algorithms to determine sentencing length. In her article “Sentencing, by the Numbers”, University of Michigan law professor Sonja Starr focuses on this trend, and shows flaws that she finds in the system. In the article, she agrees with the actions of Attorney General Eric Holder in criticizing the system for the way in which it determines the risk of future crimes. Throughout, Starr presents the system as something that will, instead of solving mass incarceration, make the problem worse for impoverished persons and minorities. Starr argues that the system discriminates against those with a socioeconomic disadvantage, has

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Sentencing Guidelines are a set of rules used by judges in the criminal justice system in the United States. The sentencing guidelines were first established in Massachusetts in 1994. When the sentencing guidelines were established, its main goal was to "promote truth in sentencing by developing a set of guidelines that was appropriate in consideration to the crime the individual had committed." (Massachusetts Sentencing Guidelines, February 1998, the Honorable Robert A. Mulligan, Chairman). There are ten steps that are included in the sentencing guidelines.

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This type of sentencing is meant to provide a balance between punishment and

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Indeterminate sentencing is the process of a judge assigning a range of time in prison to a convicted offender. The length determined is based on the offender’s conduct during imprisonment. For example, a person would be sentenced up to five years, which allows for early release. Generally, is it used for non- violent felonies. There are several benefits of it.

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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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For example, a first offense for 1 to 49 plants of marijuana will get a person no more than five years in prison, while the second offense for the same charge will increase the prison term to no more than ten years (Levinthal, 2012). In a criminal court system, the use of mandatory minimum sentencing has its own share of pros and cons. As judges are provided with strict guidelines they must follow in sentencing, the judges are not able to use their personal bias or sympathy for the individual involved to determine what their sentencing term should be (Taslitz, 2013). It also places more significance on the charges that the prosecution team files against them.

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The minimum mandatory sentencing guidelines do not provide the opportunity for plea bargaining or allow for the separation of the offense into different degrees of the crime. Age of the defendant, the first time being in trouble with the law, entering into rehabilitation or other surrounding circumstances cannot be part of the sentencing factors. The result is an increasing prison population creating higher costs without solving the underlying

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Ashworth, 2005, p.207). Now for those who are a reoccurring offender that when the Judges should imply a harsher sentencing to recidivism, deterrence, rehabilitation, and retribution (Miller & Wright, 2005,

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This research proposal is purposed at investigating the disparities and the variables that contribute to the gaps in sentencing men and women

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In the criminal justice system, the corrections component is also responsible for the rehabilitation of the convicted individual. It is their duty to attempt to make the defendant a productive member of society once again. Based on the individual’s behavior while incarcerated, the court and corrections officials may decide to place them on parole, which ensures that the individual will comply with the rules of society once they are fully released from the system. The criminal justice system is an essential role in the organizational structure of not only the United States but also in countries around the world. If there were no criminal justice system to administer punishment, the world would be unstructured, disorganized, unjustified, cruel, and not to mention a chaotic place for it citizens.

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I believe that the longer the sentence, the more a criminal pays for what they have done. A determinate sentence is a sentence that has a defined length and can’t be changed by a parole agency. Six month sentences, for example, are considered determinate because the criminal will spend six months behind bars and sometimes less, due to time off for behaving good, released to work, or other alternatives when applicable. On the other hand, indeterminate sentences consist of many years in, for example, 30 years to life.

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