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 indeterminate sentence
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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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Determinate vs. Indeterminate Sentencing 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
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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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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 that permits early
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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
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Indeterminate &Structured Sentencing To me Indeterminate Sentencing is a very degraded and/or very disturbed type of sentencing. In this sentencing a legislature is the one who has say as to what the terms will be for the crime that has been committed and a judge gets the decision as to what the sentence will be for the offender. As I look at this information I feel that the judge should have a say in what the sentence will be‚ but not have all the power as to what it will be. A Parole Board gets
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Sometimes mandatory minimum sentences are the consequences of good intentions‚ but good intentions do not always make beneficial policy in society. One of the famous senior associate justice of the supreme court 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
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A sentencing model simply consists of the method by which punishment is awarded (Schmalleger & Smykla‚ n.d.). A century ago‚ judges had significantly more influence in imposing sentences‚ which typically included fines‚ probation‚ and set times of incarceration known as “flat time” sentences (Schmalleger & Smykla‚ n.d.). After the 19th century‚ America made changes to it’s sentencing model and implemented “indeterminate sentences” (Schmalleger & Smykla‚ n.d.). Based on state statute‚ judges
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