The Pros And Cons Of Sentencing

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Sentencing 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.
How Sentencing Affects the State and Federal Prison Systems The United States …show more content…

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, …show more content…

This model focuses on the individual needs of the offender and in doing so increases their chance of living sober once they reenter society. For example, indeterminate sentencing allows offenders who exhibit good behavior and participate in prison substance abuse programs to be paroled closer to the minimum sentencing term. This means the offender can be released from prison based on conditions set forth by the court. If the offender violates parole by committing another crime or failing to continue substance abuse treatment, they can be returned to prison. Furthermore, offering indeterminate sentencing for offenders who meet the criteria creates prison space thus helping with the ongoing problem of prison overcrowding (Seiter,

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