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Indeterminate Sentencing Model

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Indeterminate Sentencing Model
A sentencing model simply consists of the method by which punishment is awarded (Schmalleger & Smykla, n.d.). A century ago, judges had significantly more influence in imposing sentences, which typically included fines, probation, and set times of incarceration known as “flat time” sentences (Schmalleger & Smykla, n.d.).

After the 19th century, America made changes to it’s sentencing model and implemented “indeterminate sentences” (Schmalleger & Smykla, n.d.). Based on state statute, judges determine a minimum and maximum amount of time to be served and a parole board is tasked with granting release (Schmalleger & Smykla, n.d.). This particular sentencing model grants discretion to many entities in determining the length of time served (Schmalleger & Smykla, n.d.). Many felt this method was not effective and allowed the punishment to be disproportionate to the crime, which sparked the determinate sentencing model (Schmalleger & Smykla, n.d.).

Determinate sentencing came to light in the 1970’s from reforms where the time served would be a set time and only by good behavior could it be reduced (Schmalleger & Smykla, n.d.). In 1970’s New York, a drug epidemic was out of control and murder was
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Most recently, President Obama signed into law the federal Fair Sentencing Act that significantly reduced the amount of times served for some drug offenses. Today, many jurisdictions have mandatory minimum and three strikes sentencing models (Schmalleger & Smykla, n.d.). With all these different types of sentencing models, our prisons across the country remain overcrowded and the recidivism rates are far too high. Something will have to change, but until there is a political will to make those changes, our employees at correctional facilities and the inmates will suffer the

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