The purpose of sentencing: the “deserved infliction of suffering on evildoers and “the prevention of crime.” There four fundamental philosophies surrounding the purpose of sentencing. First‚ the oldest and most common is retribution. Retribution is the philosophy that those who commit criminal acts should be punished based on the severity of the crime and that no other factors need be considered. The second philosophy is deterrence. In deterrence‚ the goal of sentencing is to prevent future crimes
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Today in our country our justice system runs by two models in order to keep peace and order to the public the first model is the determinate sentencing model what the Determinate model is when the judge is about to pass a sentence on to defendant and to address the problem with crimes that has been going around since the 1980s for example the government of some states in our country passed the three strike laws where when someone commits a crime that is considered serious then they get harsher
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Determinate Sentence Determinate sentence is use by some states; the judge is who determinate the time that the offender will serve in jail. In this type of sentence‚ the judge can’t use discretion at the time of sentencing he only apply the law as it is. The period of time that these offenders will spend in jail cannot be change by parole board. In a determinate system‚ the offender knows when he will be released from jail. The released time is determinate by the judge. Overall‚ the judge has to
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Jeron April 8 2013 Assignment #7 Determinate sentencing vs. Indeterminate sentencing First of all‚ choosing amongst the two types of sentencing‚ indeterminate or determinate‚ really depends on the questions‚ what the crime is and is the crime violent or non-violent? If the crime is only non-violent such as fraud‚ then determinate sentencing would be the right fit for the suspects but if the crime that had occurred is murder‚ kidnapping‚ or other violent crimes‚ then the suspects would fall under
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Arguments at sentencing May file appeals Counsel defendant and family about civil matters if applies. Should a defendant be found guilty an defense counsels job continues as referenced in this slide. If found guilty a defense counsel will present arguments at sentencing to persuade a lighter sentence‚ or mistakes‚ although this will not change a guilty verdict‚ it does however provide the defense and the defendant the opportunity to address the court. It does also allow the prosecution and the victims
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With a determinate sentence the convicted person is given a sentence that has a defined length to be served and cant’ be changed by a parole board or any other agency but may reduced by factors such as “good time”. While with an indeterminate sentence it consists of a range of the years that will be served. There is always a minimum sentence but the release date if any is uncertain. It is determined by a parole board when it periodically reviews the case‚ and could be given the possibility for
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An Indeterminate Sentencing according to USLegal.com is a sentence imposed for a crime that isn’t given a definite duration. The prison term does not state a specific period of time or release date‚ but just a range of time‚ such as "Five to Ten years." It is one side of a continuing debate as to whether it is better to make sentences absolute (subject to reduction for good behavior) without reference to potential rehabilitation‚ modification or review in the future. According to Lawjustia.com the
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of the United have said the truth of federal mandatory sentencing‚ in which I used this quotation to relate to the topic that I’m about to discuss. “The Federal sentencing guidelines should be revised downward. By contrast to the guidelines‚ I can accept neither the necessity nor the wisdom of federal mandatory minimum sentences. In too many cases‚ mandatory minimum sentences are unwise and unjust.” By Anthony Kennedy A mandatory sentencing is a court decision that takes place where a judge decides
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CJ299-02 Unit 3 Assignment When we talk about different types of sentencing the most coming types are indeterminate and determinate. They both serve the same function but have different out comes. They are both build to serve as punishments but to also rehabilitate at the same time. The main difference between these two sentences is the fact that indeterminate sentences offer early release in the form of parole and determinate sentences do not. Indeterminate sentences are defined as a sentence
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Keeping in mind the brief overview of each of the major rationales for sentencing will allow the following four arguments to be understood with greater clarity. To begin‚ the first argument to support the urgent need to restructure the criminal justice system is the effect and impact of mandatory minimum sentencing on the high rates of incarcerations. The effects of mandatory minimum sentencing are staggering‚ and transcend into many different areas of the criminal justice system. The principal justification
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