In this paper the topics that will be discussed will be what are the state and federal objectives of punishment? How does sentencing affect the state and federal corrections systems overall? With support for that answer, what is the determinate and indeterminate sentencing? As well as which sentencing model that is felt the most appropriate? With an explanation as to why and examples will be provided.…
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.…
Punishment may sound like painful word, but in fact it is nothing more but a consequence given to a criminal offender. The state and federal correction system have similar objectives for criminal offenders as a form of punishment. Due to request for harsher punishment, sentencing affects both the state and federal correction system. Upon pleading or finding an offender guilty, the determinate and indeterminate sentencing model is implied in which the federal and state correctional system assigns to criminals for time given in prison.…
Since World War II through the 1970s, many changes occurred in the United States correctional systems. Rehabilitation Model is a treatment program that was designed to reform the inmates. According to www.copower.org, “This model is similar to the medical model; it regards the person with a disability as in need of services from a rehabilitation professional who can provide training, therapy, counseling or other services to make up for the deficiency caused by the disability. Historically, it gained acceptance after World War II when many disabled veterans needed to be re-introduced into society. The current Vocational Rehabilitation system is designed according to this model. Persons with disabilities have been very critical of both the medical model and the rehabilitation model. While medical intervention can be required by the individual at times, it is naive and simplistic to regard the medical system as the appropriate locus for disability related policy matters”. Clear, T., & Cole, G. (2013) acknowledged that most of the states started building prisons and transformed the others in the correctional institutions between 1960s and 1970s. The rehabilitation model was conquered and the counselors or teachers administered the treatment programs at that time.…
Indeterminate sentencing – what and why? 9. Determinate sentencing- what and why? 10.…
There are many different argument both for and against mandatory minimum drug sentencing. However there are more arguments against mandatory minimum drug sentencing then there are for the support of the mandatory sentencing. One of the biggest arguments against mandatory minimum drug sentencing is that it was originally intended to target the higher level drug dealers but the majority of the cases have only been low level drug dealers. One of the other arguments is that will cause the jail systems to become overcrowded and that if is unfair.…
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…
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 last stage of a criminal trial is known as sentencing. During sentencing the convening authority over the criminal court proceedings makes a determination of how the guilty party should be punished. Prior to that determination being made both the defense attorneys and prosecutors may make their arguments as to why or why not the defendant should be punished to the fullest of the law. The judge taking these arguments into consideration makes his or her decision on what type sentence to hand down. While the main goal is to punish those that are found guilty there are five sentencing rationales in use in the American criminal justice system. These rationales are retribution, deterrence, rehabilitation, restoration, and incapacitation. In the case of State v. Stu Dents, the judge will use the rationales of rehabilitation and incapacitation. The defense and prosecutors will make their arguments and propose the type of sentence Mr. Dents should receive which in turn will protect him and society.…
We need to acknowledge that the kind of treatment criminals receive from the state can affect their subsequent conduct. Some rehabilitation programs do work. Some individuals clearly need to be removed from society. Alternatives to incarceration are less expensive and they provide critical opportunities for those who can be reformed. Corrections systems in some of the most conservative states in the country have begun to move away from policies based on the promise that “tougher” sentences reduce crime.…
In summary if people such as Sable were given fair sentencings for their crimes less people could be in jail which would save state tax dollars to be put into schools and hospitals. People get extreme sentencings for the crimes they commit which are not deserving of them, more people should get the chance to be put on parole and show that they can positively contribute to their community. It is important to help people create a better life for themselves if they are willing to work and commit themselves to it. When someone fails at something they need to be picked up and given a second chance to show they can do better just as many prisoners need. The Prison-Industrial Complex System receives millions of citizens’ tax dollars to…
This paper is written in an attempt to comprehend the sentencing philosophy and purpose of criminal punishment through a review of the historical parameters concerning how sentencing and punishment serve society. Sentencing is the application of justice and the end result of a criminal conviction which is applied by the convening authority; followed by the sentence, or judgement of the court on a convicted offender. What makes punishment unique to our society is the application of our moral or ethical beliefs as a whole, and by the population at large. Throughout history, the sentencing and administration of punishments have been swift, brutal and often times ending with the death of the offender, but in our more civilized and modern society,…
Mandatory Minimum sentencing usually is defined when a judge is determined to deliver a fixed amount of years in prison to an individual for a convicted crime. Most mandatory minimum sentences apply to drug offenses but it also applies to other crimes, like having an unlicensed gun, fraud, and many others. Mandatory Minimum legislature contributes to the truth that America has a systematic problem in the increase of mass incarceration and men of color are being deprived of their natural rights. The mandatory minimum sentence doesn’t resolve the dilemma of crime. American nonviolent drug offenses should be prosecuted, but Mandatory Minimum sentencing should be eradicated.…
As violent crime continued to rise, the public demanded harsher and more definite sentences. The rehabilitative concept was called into question as to its effectiveness, leading to the birth of the determinate sentencing structure. The determinate sentencing structure is that which gives an offender a fixed term of incarceration. This type of structured sentencing reform can be used to deter potential offenders and incapacitate dangerous offenders. For example, bringing drug paraphernalia into a prison requires a fixed prison sentence of two years. Judges, in such a case, do not have discretion when the statute “determines” what the sentence is to…
The inmate prison population of the BOP increased over the past few years due to federal sentencing of drug offenses and immigration. Changes in sentencing policies have increased the mandatory minimum sentencing as well as changes in the federal criminal code in which it increased the amount of crimes seen as federal offenses, also the repeal of parole. Since these changes certain crimes are now deemed as federal offenses, which require a longer period of prison time. War on drugs has cause an increase in the prison populations due to high level of harsh prison sentencing’s. Although the attempts at the three strikes system was an effort in decreasing the prison population it did not work. Focus needs to be placed on rehabilitation of inmates…