Pets became a necessity in many homes nowadays. At this rate of need, the options grew rapidly. Since you jumped in to this article, it shows you have a great desire to find your own dog. Not everyone that desires to have a one do much research. That proves you are going to be a responsible pet owner.…
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.…
Determinate sentencing is when the mandatory minimum sentence is enhanced for certain crimes. Sentencing guidelines allow judges to consider the individual circumstances of the case when determining sentencing. Mandatory minimum sentences leave little or no room to the judge when setting a sentence. Determinate sentence statuses have existed at various times throughout the history of the United States. These became popular in the 1980s when public concern over crime increased dramatically and the public demanded laws to address the crime population.…
A majority of the states have done away with this because of the need to decrease the prison population. With this being said the indeterminate sentencing is the better model that is more appropriate for determining the release of inmates. Because even though there are valid reason for most states to turn to determinate sentencing, is also has many problems that come with it also. The main reasons that indeterminate sentencing should be used more are:…
The following paragraphs will define and explain the differences between determinate and indeterminate sentences. This discussion may seem, at first blush, to be somewhat theoretical. However, the issue is a life-altering one for parole as an institution. In a determinate sentencing structure, there is no role for a paroling authority in making release decisions.…
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…
Exam 4 Study Guide Sentencing 1. The 5 philosophies of purpose of punishment (purposes, examples, pros and cons): a. Deterrence (specific and general) b. Incapacitation c. Retribution d. Rehabilitation e. Restorative Justice 2. Corporal Punishment 3. History of punishment- banishment, sterilization, transportation 4.…
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.”…
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.…
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…
The rationale that the author presents for reducing the sentences of drug offenders is the racist delineation correlating to the 100:1 cracked cocaine violations. The author delineates the 100:1 punishments are divisive and racially fractured. Two additional data points delineated by Harvey Gee are housing costs correlated to offenders and faulty science.…
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.…
For instance, retribution is focused on retaliation; and is not particularly concerned with mitigating future crime. In contrast, deterrence is focused on preventing future crime, but its effectiveness as a general deterrence remains unproven. Likewise, rehabilitation is aimed at preventing future crime, but historically, it has failed to mitigate crime rates. On the other hand, incapacitation seeks to deprive the offender of his ability to commit future crimes, but, suggests, that offenders are incorrigible. The aforementioned sentencing goals are related to distinct sentencing models. These include determinate sentencing, where “state statues determine the length of incarceration” (Zhang, et al, 2014, 694); and indeterminate sentencing, which sets a range of time of confinement, which is dependent of the offenders conduct while incarcerated. Sentencing models are usually accompanied concurrent and or consecutive sentences. Under concurrent sentences, and offender serves a prescribed amount of time of confinement for multiple crimes committed together. In contrast, consecutive sentences require offenders to serve jail sentences for each crime separately, one after the…
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…
The shift from deinstitutionalization to criminalization for mentally ill offenders has further added to the complexities occurring within United States prison system. The number of mentally ill inmates has continued to increase significantly as public psychiatric hospitals have continued to close. In addition to overcrowding, budget constraints and allegations of mistreatment among inmates with psychiatric disorders correctional facilities have been given the task of providing treatment to the large percentage of inmates with serious mental illnesses. A recent study found that over one million offenders diagnosed with a serious mental illness are under “correctional supervision” and these offenders are highly more likely to be rearrested…