Determinate Sentencing Vs. Indeterminate Sentencing

Ewing had been convicted of both burglary and robbery approximately seven years before the crime that gave rise to this appeal. When he stole the golf clubs, he was still on parole following his release from prison related to those two felony convictions. Following his conviction in this case, the trial judge declined to exercise discretion and convict Ewing of a misdemeanor only, as he was allowed but not required to do under California law. After determining that Ewing should be punished for a felony offense, the trial judge applied California’s “three strikes" law, where a criminal defendant must be sentenced indeterminate life sentence, which in this case was twenty-five years to life. Ewing claimed that the sentence was disproportionate

This started in the early 1930s, and ended around the 1960s. This is when the research really occurred because nothing seemed to be working and around 1970s, the government abolished or attempted to abolish parole. Under conditional release of parole, there are two different types, discretionary release, and mandatory release. The discretionary release is based on the paroling authority’s assessment of the offender’s eligibility. Mandatory release is an early release after a time period specified by law.

Ricky Franklin Smith was charged (as an adult) with breaking and entering a building with intents to commit larceny. Smith acknowledged that he had broken a window of a warehouse Pontiac, entered the building, and removed property without permission. Therefore Smith was sentenced to three and one-half to ten years for breaking and entering as a first time offender. But that sentence was vacated and Smith was sentenced to serve six to thirty years as a habitual offender (this was his fourth offense). Smith filed an appeal for improper sentencing because he cited that presentencing court judge used his juvenile record to characterize him as a “habitual offender” and a “danger to society”.

Noted that there is no way to predict or ultimately guarantee that 100% of juveniles sent to prison are new and refined citizens of society by the time that they are released. But the states should not forbid someone, let alone a teenager, the chance to prove that they can be a greater individual for themselves and for the public. This also gives the public the ability to not only heal but to possibly forgive the juvenile for the crimes that they have committed and accept them back into their community. To support this the Court claims that when an individual, especially a teenager, receives a sentence of life without parole, it numbs their humanity. It diminishes the chance for the youth to reform in any positive way because they lack the hope to continue with their lives.

In other words, if you commit a crime the second time, you serve double and if you commit the 3rd time, you get sentenced minimum 25 yrs. in jail, no matter what crime it is. This was a new law implemented after a man who was recently paroled. He had many criminal records such as drug possession and gun abuse. At the time of release, he was on influence and was a drug addict.

Sentencing for a crooked offenses can range from community service and probation, even leading up to the death penalty. There are things called the “three strikes” sentencing laws, state-specific guidelines, mandatory minimum sentences, etc... Sentencing in the court system takes place straight after the misdemeanors, convictions, or if the defendant pleads guilty (Find Law, 2016). If the criminal cases are more miscellaneous, such as involving serious felonies, the sentencing judge will require the defense, probation department, and the prosecutors input. The judge will consider multiple factors determining a criminals sentence. He will consider if the offender has any criminal history, if the offender was the main accessory (which is someone who assists the main person that commits the crime), if the offender appearance is displayed well (as if they show remorse or regret), if anyone was injured or the crime was particularly likely to result into injury , or if the offender was cruel to a victim, destructive, etc... Judges in most cases have a clear mindset when determining a proper sentence.

Prosecution & Sentencing Issues Wrongful Convictions Mateusz Konieczkowski CRM 420-01 Professor Rivolta 5 May 2015 Central Connecticut State University #1 There has been many times where the tough-on-crime approach has characterized our Criminal Justice System since the early 1980’s. One of these policies is the Sentencing guideline. Many times, when judges following the sentencing polices, they are too soft on the criminals. Some criminals get away with the crime that they have done. Even in the book illustrates how “a second problem was the recognition of racial disparities” (Mays & Ruddel, 2015).

Inmates may either be eligible for parole or for pardon. Parole is the release from incarceration prior to expiration of sentence. This process requires a parole officer to be in charge with helping the offender get back on his or her feet, by helping them find a job and by providing advising and counseling. Pardons may either be conditional or full pardon. A full pardon means complete exoneration of blame for the offense, while conditional pardon relieves some of the limitations that the offenders suffer.

If the offender is found guilty for the charge they will receive the harsher sentence, it is all about being honest within the federal courts, on determining the offenders

When a judge is considering sentencing to convict an offender specific deterrence should be more valuable than general deterrence but both are needed in the sentencing process. For the offender not to reoffend specific deterrence need to be embedded to determine the certainty of the crime. So the offender will not commit the same crime twice. Overall doing the sentencing process the judge have the right to use this offender specific deterrence to promote general deterrence to the public. This will allow other to fear the consequences and possibly punishment if they commit this specific crime.

Class C: A fine of not more than $500. Parole: is the release of a prisoner temporarily or permanently before the completion of a sentence, on the promise of good behavior. An inmate who serves time, will be able to file for parole. Programs in prisons: a. Education programs: This program is to prepare inmates to get a GED when they finish with their time sentences.

Three-Strikes Law It is my intention to establish a relationship between the three strikes law and retention rates of prisoners incarcerated for low level offenses. Before I begin to discuss the three-strikes law, it is imperative that I give some background information on sentencing guidelines. During the 1970 's the incarceration sentences imposed were indeterminate, meaning the judge had the discretion to sentence an offender on a case by case basis and sentencing a person to state prison or county jail was supposed to be to rehabilitate that person so he/she could re-enter society. Often time’s prisoners were sentenced to different amounts of time for similar offenses.

The are several types of sentencing that follows what is intended to be an impartial judicial proceeding during which criminal responsibility is ascertaining. Majority of the sentencing decisions are made by judges, although in cases such as death sentence cases, a jury may be involved in a special sentencing of the sentencing process. Unfortunately, sentencing decision is one of the most difficult made by any judge or a jury especially when it impacts someone’s life. Additionally, there are numerous sentencing models in the United States such as determinate, indeterminate, and mandatory minimum sentencing. First, determinate sentencing is a set term of incarceration and sentencing could potentially be reduced by good time.

These models are issued based on the type and seriousness of the crime committed (Seiter, 2014). Determinate sentencing means that an offender is being sentenced to a fixed amount of time in the prison system with a specific release date. In contrast, an indeterminate sentence involves an offender being sentenced to prison for a term that includes a minimum sentence without a specific maximum term. After the minimum sentence has been served, the case goes before a parole board for possible early release (Seiter,

Previous policies which reduced the amount of time an offender served on a sentence, such as good behavior, earned-time and parole board release, are restricted or eliminated under truth-in-sentencing laws. The definition of truth in sentencing varies among the States, as do the percent of sentence required to be served and the crimes covered by the laws. Most States have targeted violent offenders under truth in sentencing law. A few States, such as Florida, Mississippi, and Ohio, require all offenders to serve a substantial amount of their sentence before they can be eligible for