1. Indeterminate sentence is a fixed minimum and maximum term of incarceration‚ rather than a set period. For example‚ a defendant is sentence to 20 to 30 years in prison. That defendant is obligated to do more than 20 and less than 30 years in prison. Only the parole board truly knows how much time that defendant will served once their eligible for parole. In difference‚ determinate sentence is a set period of incarceration. There’s no chance of parole‚ once the sentence is given‚ that is the
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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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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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Sentencing Determinate and Indeterminate Sentencing: 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. The authority of a parole board to grant discretionary release to a prisoner
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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 determine a minimum and maximum amount of time to be served
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Robert Munoz Jr CJAD 350 25 January 2015 Professor Carden Rapid Changes in Sentencing Structures 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
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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. Depending on the crime‚ punishment for both state and federal prison system
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Lastly‚ we will define determinate sentencing‚ indeterminate sentencing and which sentencing model
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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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