Preview

Determinate Sentencing Model

Good Essays
Open Document
Open Document
841 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Determinate Sentencing Model
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 sentences and to tell people who are more likely to commit the crime to don’t do it and it is not worth it . One of the pros for the determinate sentencing model is that the defendant could be eligible for probation, parole and alternative programs …show more content…
One of the cons of the determinate sentencing is that if a criminal is sentenced in that area then the prisoner will serve six months in jail or prison and according to Janet Portman the author of Indeterminate Vs Determinate Prison Sentences Explained she stated that “determinate sentencing has a defined length of time that the prisoner has to serve for more than six months out of a year and that sentencing model is reserved for felonies and violent offenders and that person won’t be able to get parole due to defined time and what that means it cannot be changed by any agency including the parole board under any circumstances regardless.” …show more content…
According to Nate Balis the director of juvenile’s justice strategy group he stated that “ incarceration of juveniles is not helping the community stop a person to stop committing crime it persuades them to keep doing what they’re doing and don’t care about life at all.” (Balis)
The second finding I found on pretrial justice is that the justice system has problem with inequality one of the statements that caught mine attention Eric Holder one of the attorney generals said that “every local state and federal and also private agency’s need to be reformed in order to have a fair justice system”. (Holder)
The third finding that I found out that the community is having problems with the most is racial justice for example African Americans and Hispanics are more likely to get detained by the police and the reason that they were hold in jail the longest was because they weren’t able to meet the conditions the justice system sets for

You May Also Find These Documents Helpful

  • Good Essays

    The United States Sentencing Commission is responsible for sentencing policy in federal courts. In 1980 they reformed the federal sentencing. The intent was to provide determinate sentencing. Determinate sentencing is a fixed period of incarceration without the possibility of parole, but time served can be reduced by accumulating good time. “Coinciding with the development of determinate sentencing has been the development of sentencing guidelines to control and structure the process and make it more rational. Guidelines are usually based on the seriousness of a crime and the background of an offender: The more serious the crime and the more extensive the offender’s criminal background, the longer the prison term recommended by the guidelines.” (Segel & Senna 2006). These guidelines were designed to eliminate judicial discretion and get tough on crime.…

    • 602 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    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 for the creation of mandatory minimum sentences is that by increasing the likelihood of custody, it will be a strict deterrent for crime prevention and a response to political “tough on crime” strategies. It was also thought to minimize…

    • 1521 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    1. Determinate sentences, the inmates serve shorter sentences than they do with parole. But the parole boards consider the dangerousness of the offenders, so that they are not released before they should be. 2.…

    • 992 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Determinate sentencing can take two forms: legislatively determined or judicially determined. In either case, the offender is sentenced to a specific term of incarceration. He or she is released at the expiration of the term, minus good time credits if they are available. There is no discretionary parole release, although there may be a period of supervision in the community. Under a legislatively determined structure, the legislature fixes by law the penalty for specific offenses or offense categories. In a judicially determined system, the judge has broad discretion to choose a sanction, but, once…

    • 423 Words
    • 2 Pages
    Good Essays
  • Good Essays

    An indeterminate sentence is decided by the sentencing judge, and is later reviewed by a release authority to determine the actual time that will be served. Indeterminate sentences are given at the time of the sentencing and are given a minimum to a maximum time to be served by the criminal. After the minimum term has been served, the offender is provided with the opportunity to be released, by being placed on the parole board. The parole board then determines the release date, time frame is between the minimum and maximum term sentence. If the parole board does not issue parole for the offender, he or she is to serve the maximum sentence. Upon completion of the sentence served, the offender is to be released. Determinate sentences are sentences that are fixed term to be serve. The offenders are eligible for release soon after completion of the time that was originally given. Unlike the indeterminate sentencing, offenders who are under the determinate sentences, t are not reviewed by any parole board and are to be released upon completion of his or her time served. The sentence that should be considered more normally is the indeterminate sentencing. The fact that the indeterminate sentencing has a parole board, should allow personnel to evaluate the individual and really determine if the criminal is eligible for release. The parole board should have all records of behavior and should have a minimum requirement of training completion, in rehabilitation. Training must be successful courses completed, showing the individual 's behavior improvement. If the offender does not have any, he or she may be considered to be released until the requirements are met. He or she may be given an option in six months for another review, in order to proceed to the parole board for release. (Seiter, R.P…

    • 939 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Judges in the United States used indeterminate sentencing for nearly 45 years. This type of sentencing has a set limit of incarceration that a convict may serve for the crime committed. If the judge gives an offender two to five years imprisonment, then that offender will serve a minimum of two years but will serve no more than five years. This system was put into place to make the offender in their release with good behavior in prison.…

    • 825 Words
    • 4 Pages
    Good Essays
  • Good Essays

    To address the question as to what style of sentencing guidelines I would prefer to be used within my state, I would have to sway towards indeterminate sentencing. The end goal is to rehabilitate those who enter the prison system for crimes they have committed. For most, they will eventually reenter society after completing their respective prison sentence. The hope is that those incarcerated have completed rehabilitative programs and can now be productive members of society. We as a society need to understand that law enforcement simply can’t arrest their way out of all the crimes committed on a daily basis. Additionally, each person’s situation should be examined separately. This includes examining the crime committed, the person’s criminal…

    • 185 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    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 parole. The problems that criminals with mental health problems face with determinate sentencing are the parole chance. The fact that there is no chance of parole with determinate sentencing makes it hard for the individual to get treatment for his or her disorder. Being in prison is a harsh place and with the fact that a individual with mental health problems is put into a penitentiary without getting help just add fuel to the fire making it harder and harder for them to recover. Also there is no probation given because they are sent straight to jail or prison were they are told to serve an exact time, which then leads to no chance of actual treatment for the individual. With prevention being one of the main goals of determinate sentencing it also leads to a chance of greater occurrence after the individual being released. Yes they are preventing crimes from happening while the criminal is incarcerated but what about when he’s released? He still has the same mental problems as before if they haven’t increased. They are given little to no treatment to help their mental problems therefore increasing the possibility of reoccurrence later. I believe that if a criminal with mental health issues is being served with a determinate sentence that he or she should first spend a set amount of time in a mental hospital until progress has been made and been noted as being safe to serve out the rest of his sentence in a prison or…

    • 344 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Mandatory Sentencing

    • 133 Words
    • 1 Page

    In the PowerPoint, you talk about removing mandatory sentences, and for my understanding was if the crimes are committed before the mandatory sentences come in place this can be one of the expectations of not implement the mandatory sentence. The judge can have some discretion to adjust some guideline of sentencing and left the parole to decide if he can be released.…

    • 133 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    As the Federal government is now doing, all state agencies as well need to continually document and collect statistical data that identifies the race of those individuals processed through the criminal justice system. In the areas of administering justice (police, courts, and prison authorities), we need to pay specific attention to and hold accountable individuals for any instances where racial discrimination exists. As a society, we need to be concerned¡Xand express this concern, at the all-encompassing patterns of racial discrimination. By pressuring our governments to take urgent action to stop racial discrimination in our country¡¦s justice system, perhaps we can begin to prevent or reduce the incidence this practice. By effectively acknowledging that there is a problem in the criminal justice system, we can clearly communicate the expectation that discrimination on the grounds of race or ethnicity is unlawful and a violation of an individual¡¦s…

    • 836 Words
    • 4 Pages
    Good Essays
  • Better Essays

    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 that permits early release from a correctional institution after the offender has served a required minimum portion of his or her sentence (Siegel, 01/2013, p. 40). And determinate sentences are defined as sentences that give the defendant a fixed term of years, the maximum set in law by the legislature, which is to be served by the offender sentenced to prison for a particular crime (Siegel, 01/2013, p. 41).…

    • 1829 Words
    • 8 Pages
    Better Essays
  • Good Essays

    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 review the pre-sentence and who the offender complaint with the court procedure before issue a date for the offender to be released. The determinate sentence is referring as “the sentence is determined”.…

    • 565 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Sentencing Philosophies

    • 353 Words
    • 1 Page

    The factors that go into determining sentencing are broke into three steps. The Legislature passes sentencing Laws; this specifies the terms of indeterminate sentencing. An Indeterminate term of incarceration is in which a judge determines the minimum and maximum terms of imprisonment. Only a jury can hand down the decision of the death penalty. When the minimum term is reached the prisoner becomes eligible to be paroled. Then there is determinate sentencing, this is a period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials. A factor that can change incarceration time is that of “good time”, this is when a reduction in time served by a prisoner is based on good behavior and other positive actions. This is said to promote discipline…

    • 353 Words
    • 1 Page
    Good Essays
  • Good Essays

    Effective programs’ has positive impacts on juveniles in the criminal justice system. Juvenile offenders attending programs that focus on helping the offenders and “increasing family problem- solving skills, enhancing emotional connections between family members, and strengthening parental ability to provide appropriate structure” (Wilson, 2011, p. 121) have a positive impact on reducing recidivism in the juvenile justice system. Cost outweighs the benefits of effective programs. Ineffective programs such as discipline and deterrence programs have a negative impact on juvenile offenders and increase recidivism rates in juveniles. The cost to send juveniles to ineffective programs does not outweigh the benefits.…

    • 256 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Parole boards decided on release dates. The principle behind indeterminate sentences is the hope that prisons reconstruct some offenders, and that different people give feedback very differently to punishment. Prison officials usually like indeterminate sentencing because the prospect of earlier release gives prisoners the motivation to behave while locked behind bars. The argument with intermediate is according to many people, is that it puts too much influence into the hands of the parole board, leading to irrational and unjust results.for those who may not know parole means that the offender is allowed to serve the rest of her sentence under community watch. The offender is discharged from prison to be a part of the community, but not without some rules being involved. At a minimum, the offender will be required to check in regularly, with her parole officer. Any violation, like an arrest for a new crime or a failure to find and keep a job, can result in the person being sent back to prison also. Essentially meaning that minorities and etc get treated differently or more harshly than other races. While people who deserve a harsher sentence are…

    • 643 Words
    • 3 Pages
    Satisfactory Essays