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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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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| Determinate and Indeterminate sentencing | | | | There is a big difference between determinate sentencing and indeterminate sentencing. What determinate sentencing is that it refers to the sentence of imprisonment in which the convicted defendant is given a fixed term of punishment for a criminal offense. An example of this is if the inmate’s sentence is to spend Five months in the county jail is determinate‚ because the inmate will spend no more than Five months in jail. The
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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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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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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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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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Determinate Sentence 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
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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
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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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