Essay On Indeterminate Sentencing
SENTENCING POLICYS AND CORRECTIONS The state and federal objectives for punishment have three main reasons as to why punishment is imposed on offenders, these being to punish the guilty, to protect the public and to rehabilitate the offender. Punishment being the most obvious goal of the correctional system, the guilty have to be punished for the crime they are found guilty of having committed. The theory behind punishment is that it is supposedly to serve as a deterrent against someone repeating the criminal activity, as well as set an example to others of why they should avoid committing the same acts. Incarceration is the most common form of punishment, but the death penalty and other lesser penalties such as probation are also designed …show more content…
For instance, blacks who murder whites are more likely to be sentenced to death than blacks who murder blacks or than whites who murder blacks or whites. Racial and other kinds of sentencing disparities make a mockery of the principle of “equal justice under the law.”
Indeterminate sentences
Indeterminate sentencing is a system of sentencing in which a legislature establishes maximum and minimum terms for each crime and a judge makes a discretionary decision as to what the maximum and minimum sentences should be for each convicted offender (Grimes & Rogers,2002) For those whose sentence is prison, a parole board determines the amount of time each inmate serves under correctional supervision.
The theory behind indeterminate‐sentencing statutes is rehabilitation—the sentence should meet the needs of the individual offender, and the offender should be locked up until there is evidence that he or she has been “cured.” In states with indeterminate sentencing, parole boards can release inmates once they have served the minimum part of their sentences. Good‐time laws further reduce the amount of time served. Good time reduces a portion of an offender's sentence for good behavior while in
Essay On Disparity In Sentencing
1248 Words | 5 PagesSentencing disparity within the American Judicial system is a problem that exists across the nation. According to Merriam Webster’s dictionary, disparity means the markedly distinct in quality or character. Many times, disparity is used in conjunction with discrimination as if the two words mean the same, but they do not. Disparity will include a difference in treatment or outcome but is not based on an opinion, bias or prejudice.
Indeterminate Sentencing Model
180 Words | 1 PagesIn the United States, there are two primary models; Indeterminate and determinate sentencing. Indeterminate sentencing refers to blending decisions provided by the sentencing judge and later from a release authority so the actual time served can be determined. The judge will sentence offenders to indeterminate sentencing during the time of the sentence including the maximum or minimum amount of time that’s to be served. Once an offender serves the minimum amount of time they are qualified for a release by the parole board. However, the maximum sentence may have to be served by the offender if the parole board doesn’t grant an early release.
Offender Specific Deterrence
96 Words | 1 PagesWhen 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.
Three-Strikes Law
1149 Words | 5 PagesThree-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.
Sentencing Philosophies In The Criminal Justice System
663 Words | 3 PagesAs we know, there are many ways criminals can be punished. When sentencing happens, the defendant is usually sentenced to the following punishments, listed from minor to extreme: Fines Community service Diversion programs Probation GPS monitoring Jail Prison Death penalty (Rio Salado, 2022). Most of these punishments can be listed under either the utilitarian or retributive theory of punishment. The utilitarian theory seeks to punish offenders to 'deter' future wrongdoings.
Sentencing Guidelines In The Criminal Justice System
1427 Words | 6 PagesFor crimes that do not require incarceration, "it is not a departure for a judge to impose a sentence within the applicable sentencing guidelines range." (Massachusetts Sentencing Guidelines, February 1998, the Honorable Robert A. Mulligan, Chairman). If the minimum term exceeds the sentencing guidelines than the imposition of the statutory minimum is not a
Essay On Waiver To Adult Court
1857 Words | 8 PagesThis type of sentencing is meant to provide a balance between punishment and
Role Of Criminal Sentencing In The United States
443 Words | 2 PagesI will be discussing the key facts and critical issues presented in various roles/goals within the United States (Schmalleger & Smykla, 2015). The The Various roles/goals of Sentencing within the United States. In a narrative format, discuss the key facts and critical issues presented. The various goals of criminal sentencing today are revenge, retribution, just deserts, deterrence, incapacitation, rehabilitation or reformation, and restoration (Schmalleger & Smykla, 2015). The first is revenge.
Truth In Sentencing
1102 Words | 5 PagesPrevious 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
Essay On Mandatory Minimum Sentencing
1798 Words | 8 PagesIntroduction Crime, its punishment, and the legislation that decides the way in which they interact has long been a public policy concern that reaches everyone within a given society. It is the function of the judicial system to distribute punishment equitably and following the law. The four traditional goals of punishment, as defined by Connecticut General Assembly (2001), are: “deterrence, incapacitation, retribution, and rehabilitation.” However, how legislature achieves and balances these goals has changed due to the implementation of responses to changing societal influences. Mandatory minimum sentences exemplify this shift.
African American Prison System Essay
1529 Words | 7 PagesThe punishment is that they are with us” (Paragraph 2). Instead, prisons focus on rehabilitation. Most citizens understand that in order to have long term effects, it take long processes that take a while to get used to. “The country’s well-education population [appreciate] that almost all prisoners will return to society. They understand [...] that the more the penal system can do within the small window of opportunity during a prisoner’s incarceration, the better it will be in the long run” (Paragraph 15).
The Pros And Cons Of Sentencing
840 Words | 4 PagesSentencing Sentencing occurs after a defendant has been convicted of a crime. During the sentencing process, the court issues a punishment that involves a fine, imprisonment, capital punishment, or some other penalty. In some states, juries may be entitled to determine a sentence. However, sentencing in most states and federal courts are issued by a judge. To fully understand the sentencing phase of criminal court proceedings, it is important to examine how sentencing affects the state and federal prison systems, learn the meanings of determinate and indeterminate sentencing, and understand the impact Proposition 57 has had on sentencing in California.
Models Of Justice In The Jonathan Nathaniel Ramsey Case
1529 Words | 7 PagesThis process will ensure that each offender receives the proper punishment and that the community is satisfied with the decision. The offender-based models, retributive and utilitarian, does not help the victim recover. Restorative justice is designed
Disadvantages Of Rehabilitation State Prison
1678 Words | 7 PagesHowever, crimes are committed whilst in prison, such as drugs and assaults. Some critics say the ‘three strikes and you are out’ law where repeat offenders get a longer sentence are wrong, as the third strike could be a lesser crime such as public disorder. Nevertheless, if just incapacitation and no rehabilitation some critics say will be costlier to society as they will go out and reoffend and, they are not employed and pay taxes. Rehabilitation is also a punishment which should improve the offender's behaviour and stop them committing crimes. Advocates of rehabilitation state prison does not work; however, critics of rehabilitation state prison does work as the criminal cannot commit a crime against the public while incarcerated (Cavadino, 2007 p 36/56).
Essay On Harsh Punishment
1048 Words | 5 PagesThere is a worldwide trend in the use of penal imprisonment for serious offenses as capital punishment has been renounced by an increasing number of countries. Harsh punishments include capital punishment, life imprisonment and long-term incarceration. These forms of punishments are usually used against serious crimes that are seen as unethical, such as murder, assault and robbery. Many people believe that harsher punishments are more effective as they deter would-be criminals and ensure justice is served. Opposition towards harsh punishments have argued that harsher punishments does not necessarily increase effectiveness because they do not have a deterrent effect, do not decrease recidivism rates and do not provide rehabilitation.
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