Indeterminate Sentencing
Determinate vs. Indeterminate Sentencing
Sentencing is and has long been a crucial phase within the criminal justice process. Sentencing is what occurs post-conviction following an offender’s guilty plea or a trial by jury in which the offender is found guilty. The philosophy of sentencing is that of punishment for a crime committed. This punishment can include incarceration, rehabilitation, probation, fines, and community service. In order to prevent crime from occurring or re-occurring, a deterrent such as incarceration must exist.
Several different objectives exist in sentencing, including “deterrence, incapacitation, rehabilitation and retribution” (2012). Retribution is a sentencing objective that has proven to be the most effective in …show more content…
The sentence imposed typically included incarceration, probation, and fines. Under this scheme, a judge typically will impose a sentencing range rather than a specific time, allowing a parole board to decide when to release the offender. An example of this is when an offender is convicted of homicide and is sentenced to twenty-five years to life. The offender understands that he or she will spend the minimum time of twenty-five years incarcerated but may be required to serve a sentence of up to a maximum of life. The actual amount of time spent after the twenty-five years will depend on the conduct and success in the rehabilitative process of the offender during his or her time …show more content…
As violent crime continued to rise, the public demanded harsher and more definite sentences. The rehabilitative concept was called into question as to its effectiveness, leading to the birth of the determinate sentencing structure. The determinate sentencing structure is that which gives an offender a fixed term of incarceration. This type of structured sentencing reform can be used to deter potential offenders and incapacitate dangerous offenders. For example, bringing drug paraphernalia into a prison requires a fixed prison sentence of two years. Judges, in such a case, do not have discretion when the statute “determines” what the sentence is to
Sentencing is and has long been a crucial phase within the criminal justice process. Sentencing is what occurs post-conviction following an offender’s guilty plea or a trial by jury in which the offender is found guilty. The philosophy of sentencing is that of punishment for a crime committed. This punishment can include incarceration, rehabilitation, probation, fines, and community service. In order to prevent crime from occurring or re-occurring, a deterrent such as incarceration must exist.
Several different objectives exist in sentencing, including “deterrence, incapacitation, rehabilitation and retribution” (2012). Retribution is a sentencing objective that has proven to be the most effective in …show more content…
The sentence imposed typically included incarceration, probation, and fines. Under this scheme, a judge typically will impose a sentencing range rather than a specific time, allowing a parole board to decide when to release the offender. An example of this is when an offender is convicted of homicide and is sentenced to twenty-five years to life. The offender understands that he or she will spend the minimum time of twenty-five years incarcerated but may be required to serve a sentence of up to a maximum of life. The actual amount of time spent after the twenty-five years will depend on the conduct and success in the rehabilitative process of the offender during his or her time …show more content…
As violent crime continued to rise, the public demanded harsher and more definite sentences. The rehabilitative concept was called into question as to its effectiveness, leading to the birth of the determinate sentencing structure. The determinate sentencing structure is that which gives an offender a fixed term of incarceration. This type of structured sentencing reform can be used to deter potential offenders and incapacitate dangerous offenders. For example, bringing drug paraphernalia into a prison requires a fixed prison sentence of two years. Judges, in such a case, do not have discretion when the statute “determines” what the sentence is to