Indeterminate Sentencing System
Punishment in the United States Corrections System
Francisco Martinez
CJA/234
November 7, 2014
Yolonda Johnson
Punishment in the United States Corrections System
Punishment in the United States is always evolving, always changing to meet the different demands of our society. A unique aspect of our society is that we, as members of society, deem what is socially acceptable and what the punishment should be for those who violate our rules. In this paper, we will be discussing the different objectives of punishment at the state and federal level. We will also explain how sentencing affects the state and federal corrections systems overall. Lastly, we will define determinate sentencing, indeterminate sentencing and which sentencing model …show more content…
I agree with the most.
The Objectives of Punishment
The main objectives of punishment can be broken down into five distinct parts or sections. The first objective of punishment for a state or federal institution is retribution. Retribution "which implies the infliction of punishment on those who deserve to be punished" (Seiter, 2011). This type of punishment is referred to as an offender getting what he rightfully deserves or “an eye for an eye” (Seiter, 2011) similar to the Code of Hammurabi. Retribution was used in the early stages of corrections to punish law breakers and rule offenders however it still has many similarities to the current methods of punishment like deterrence and rehabilitation. The only downfall of punishment by retribution is that there was no way to protect an individual from excessive punishment. In the cases Bell v Wolfish and Solem v Helm, The U.S Supreme court ruled that excessive bail or fines will not burden an individual convicted of a crime. It also created a test of proportionality to determine if the prison time handed down actually fit the crime committed. The second objective of punishment has to deal with deterrence. "Deterrence is a correctional goal focused on future actions by both individuals and society" (Seiter, 2011). There are two different types of deterrence, specific deterrence and general deterrence. Specific deterrence deals with the criminal offender or convict in which the punishment is supposed to keep him from committing future crimes for fear of the same punishment. The main purpose of specific deterrence is to make the punishment so unbearable that the offender would avoid committing another crime for fear of the same or harsher punishment. General deterrence primary focus is on society and how they perceive the punishment an offender receives. This is to create doubt in the minds of future offenders, making them second guess themselves when thinking of committing a crime. Deterrence is still a great motivator of fear of punishment in society. The third objective of punishment is incapacitation. “Incapacitation is thought of as reducing offenders’ ability or capacity to commit further crimes” (Seiter, 2011). For example, once a person is convicted of a felony, he or she loses certain rights like owning a firearm. The incapacitation of barring individual’s access to certain items limits their opportunity to commit future crimes. This creates a similar fear of retribution like deterrence. The fourth objective of punishment is the rehabilitation of criminal offenders. To rehabilitate an individual is to return him or her to a previous state, this means when a criminal offender is punished he will be rehabilitated to a state prior to committing a crime. The primary goal of rehabilitation is to return criminals to a state of being before they began to commit offenses and crimes. “Correctional officials believe this may be their most important function, protecting society in the long term by reducing recidivism” (Seiter, 2011). IF we can rehabilitate of criminal offenders is will make a significant difference in the recidivism or return rate to prison. The last objective, and lesser known, is an act of restitution. "Restitution is making right by repaying society or victims for the wrongs created by offenders" (Seiter, 2011). Retribution is not a new idea it has been around for some time to help alleviate some of the burden or suffering caused by a crime or offender to the victims of the crime. These objectives are similar for both the state and federal systems of punishment. The objectives allow for the systems of punishment to try and limit the crime rate, as well as the recidivism rate in our prisons and jails.
The overall effects of sentencing on the corrections system
In order to gauge the overall effects that sentencing has on corrections, we must first understand the steps that go into sentencing an individual. When an individual is convicted of a crime, he must await sentencing. When the sentencing date arrives a judge takes all the facts in the case, pre- sentencing reports and previous convictions into consideration to impose a sentence that will “reassure society that public safety is restored” (Pearson Education, 2010). Once an individual is sentenced, he will be evaluated to see where in the correctional system he will be placed. The correctional system has different levels of security in which these individuals are placed. There is Maximum security, Medium security or Minimum Security installation all over the United States. These institutions are both at the Federal and State level, and the criminals assigned to these facilities are distinguished by the crimes they have committed. Federal prisoners are individuals that have violated the laws set forth by the Constitution and Federal laws. State inmates have violated the laws of the state and were tried and convicted in the same state. However, sentencing remains the same at both levels. Sentencing affects the corrections system by increasing the numbers of persons in our nation 's prisons. "Changes in the philosophy of sentencing and corrections have had a dramatic impact on the criminal justice system. Sentencing, release decisions and correctional populations have been transformed" (Mackenzie, 2001). Structured sentencing, mandatory sentences and three strike laws and had a significant impact on our criminal justice system. These factors have affected the corrections system overall and will continue to evolve as laws and sentencing adapt to our changing society.
Defining determinate and indeterminate sentencing
In order to understand determinate and indeterminate sentencing, we must define each of these terms.
Determinate sentencing is "a jail or prison sentence that is definite and not subject to review by a parole board or other agency. For example, a sentence of six months in the county jail is determinate, because the prisoner will spend no more than six months (minus time off for good behavior, in some situations). By contrast, an indeterminate sentence (such as 20 years to life) has a minimum term but the release date, if any, will be chosen by a parole board as it periodically reviews the case” (Legal Information Institute, N/A). On a personal level, I agree more with a determinate sentencing model rather than an indeterminate sentencing model. I choose this because the types of crimes do not change why do the sentencing models? Homicide is still homicide no matter if the offender has committed this crime ten times or just once. I believe this is a greater deterrent to future crimes when our society imposes strict punishments for crimes committed. I lean more to determinate sentencing because as a correctional officer I have seen firsthand how inmates skirt the system and essentially get away with very little time instead of receiving harsher sentences. This is simply not satisfactory to me, and I do not agree with indeterminate …show more content…
sentencing.
Conclusion
Our society has always adapted to the criminal elements within and how we punish those who commit the crimes.
In this paper, we have defined state and federal objectives of punishment. We have also discussed the overall effects sentencing has on the corrections system. Lastly, we have defined determinate and indeterminate sentencing and which model I prefer. Our corrections system is under constant strain and always evolving. We as a society are losing the battle against the criminal element within our ranks. We glamorize crime, and our young generation is manipulated to believe this is the norm. We need to take back our communities and begin to change this trend, or we will lose our communities
forever.
References
Legal Information Institute. (N/A). Determinate Sentencing. Retrieved from http://www.law.cornell.edu/wex/determinate_sentence
Mackenzie, D. L. (2001). Sentencing and Corrections in the 21st Century: Setting the Stage for the Future. Retrieved from http://www.ncjrs.gov/pdffiles1/nij/189106-2.pdf
Pearson Education. (2010). Sentencing and the Correctional System. Retrieved from http://wps.prenhall.com/ca_ph_blair_law_1/0,5871,396834-,00.html
Seiter, R. P. (2011). Corrections: An Introduction (3rd ed.). Upper Saddle River, NJ: Prentice Hall.
Francisco Martinez
CJA/234
November 7, 2014
Yolonda Johnson
Punishment in the United States Corrections System
Punishment in the United States is always evolving, always changing to meet the different demands of our society. A unique aspect of our society is that we, as members of society, deem what is socially acceptable and what the punishment should be for those who violate our rules. In this paper, we will be discussing the different objectives of punishment at the state and federal level. We will also explain how sentencing affects the state and federal corrections systems overall. Lastly, we will define determinate sentencing, indeterminate sentencing and which sentencing model …show more content…
I agree with the most.
The Objectives of Punishment
The main objectives of punishment can be broken down into five distinct parts or sections. The first objective of punishment for a state or federal institution is retribution. Retribution "which implies the infliction of punishment on those who deserve to be punished" (Seiter, 2011). This type of punishment is referred to as an offender getting what he rightfully deserves or “an eye for an eye” (Seiter, 2011) similar to the Code of Hammurabi. Retribution was used in the early stages of corrections to punish law breakers and rule offenders however it still has many similarities to the current methods of punishment like deterrence and rehabilitation. The only downfall of punishment by retribution is that there was no way to protect an individual from excessive punishment. In the cases Bell v Wolfish and Solem v Helm, The U.S Supreme court ruled that excessive bail or fines will not burden an individual convicted of a crime. It also created a test of proportionality to determine if the prison time handed down actually fit the crime committed. The second objective of punishment has to deal with deterrence. "Deterrence is a correctional goal focused on future actions by both individuals and society" (Seiter, 2011). There are two different types of deterrence, specific deterrence and general deterrence. Specific deterrence deals with the criminal offender or convict in which the punishment is supposed to keep him from committing future crimes for fear of the same punishment. The main purpose of specific deterrence is to make the punishment so unbearable that the offender would avoid committing another crime for fear of the same or harsher punishment. General deterrence primary focus is on society and how they perceive the punishment an offender receives. This is to create doubt in the minds of future offenders, making them second guess themselves when thinking of committing a crime. Deterrence is still a great motivator of fear of punishment in society. The third objective of punishment is incapacitation. “Incapacitation is thought of as reducing offenders’ ability or capacity to commit further crimes” (Seiter, 2011). For example, once a person is convicted of a felony, he or she loses certain rights like owning a firearm. The incapacitation of barring individual’s access to certain items limits their opportunity to commit future crimes. This creates a similar fear of retribution like deterrence. The fourth objective of punishment is the rehabilitation of criminal offenders. To rehabilitate an individual is to return him or her to a previous state, this means when a criminal offender is punished he will be rehabilitated to a state prior to committing a crime. The primary goal of rehabilitation is to return criminals to a state of being before they began to commit offenses and crimes. “Correctional officials believe this may be their most important function, protecting society in the long term by reducing recidivism” (Seiter, 2011). IF we can rehabilitate of criminal offenders is will make a significant difference in the recidivism or return rate to prison. The last objective, and lesser known, is an act of restitution. "Restitution is making right by repaying society or victims for the wrongs created by offenders" (Seiter, 2011). Retribution is not a new idea it has been around for some time to help alleviate some of the burden or suffering caused by a crime or offender to the victims of the crime. These objectives are similar for both the state and federal systems of punishment. The objectives allow for the systems of punishment to try and limit the crime rate, as well as the recidivism rate in our prisons and jails.
The overall effects of sentencing on the corrections system
In order to gauge the overall effects that sentencing has on corrections, we must first understand the steps that go into sentencing an individual. When an individual is convicted of a crime, he must await sentencing. When the sentencing date arrives a judge takes all the facts in the case, pre- sentencing reports and previous convictions into consideration to impose a sentence that will “reassure society that public safety is restored” (Pearson Education, 2010). Once an individual is sentenced, he will be evaluated to see where in the correctional system he will be placed. The correctional system has different levels of security in which these individuals are placed. There is Maximum security, Medium security or Minimum Security installation all over the United States. These institutions are both at the Federal and State level, and the criminals assigned to these facilities are distinguished by the crimes they have committed. Federal prisoners are individuals that have violated the laws set forth by the Constitution and Federal laws. State inmates have violated the laws of the state and were tried and convicted in the same state. However, sentencing remains the same at both levels. Sentencing affects the corrections system by increasing the numbers of persons in our nation 's prisons. "Changes in the philosophy of sentencing and corrections have had a dramatic impact on the criminal justice system. Sentencing, release decisions and correctional populations have been transformed" (Mackenzie, 2001). Structured sentencing, mandatory sentences and three strike laws and had a significant impact on our criminal justice system. These factors have affected the corrections system overall and will continue to evolve as laws and sentencing adapt to our changing society.
Defining determinate and indeterminate sentencing
In order to understand determinate and indeterminate sentencing, we must define each of these terms.
Determinate sentencing is "a jail or prison sentence that is definite and not subject to review by a parole board or other agency. For example, a sentence of six months in the county jail is determinate, because the prisoner will spend no more than six months (minus time off for good behavior, in some situations). By contrast, an indeterminate sentence (such as 20 years to life) has a minimum term but the release date, if any, will be chosen by a parole board as it periodically reviews the case” (Legal Information Institute, N/A). On a personal level, I agree more with a determinate sentencing model rather than an indeterminate sentencing model. I choose this because the types of crimes do not change why do the sentencing models? Homicide is still homicide no matter if the offender has committed this crime ten times or just once. I believe this is a greater deterrent to future crimes when our society imposes strict punishments for crimes committed. I lean more to determinate sentencing because as a correctional officer I have seen firsthand how inmates skirt the system and essentially get away with very little time instead of receiving harsher sentences. This is simply not satisfactory to me, and I do not agree with indeterminate …show more content…
sentencing.
Conclusion
Our society has always adapted to the criminal elements within and how we punish those who commit the crimes.
In this paper, we have defined state and federal objectives of punishment. We have also discussed the overall effects sentencing has on the corrections system. Lastly, we have defined determinate and indeterminate sentencing and which model I prefer. Our corrections system is under constant strain and always evolving. We as a society are losing the battle against the criminal element within our ranks. We glamorize crime, and our young generation is manipulated to believe this is the norm. We need to take back our communities and begin to change this trend, or we will lose our communities
forever.
References
Legal Information Institute. (N/A). Determinate Sentencing. Retrieved from http://www.law.cornell.edu/wex/determinate_sentence
Mackenzie, D. L. (2001). Sentencing and Corrections in the 21st Century: Setting the Stage for the Future. Retrieved from http://www.ncjrs.gov/pdffiles1/nij/189106-2.pdf
Pearson Education. (2010). Sentencing and the Correctional System. Retrieved from http://wps.prenhall.com/ca_ph_blair_law_1/0,5871,396834-,00.html
Seiter, R. P. (2011). Corrections: An Introduction (3rd ed.). Upper Saddle River, NJ: Prentice Hall.