Study Document
Sentencing Determinate Sentencing, Impacts, and Recent Trends Essay
Sentencing
Determinate Sentencing, Impacts, and Recent Trends
Determinate Sentencing
Impact on Probationary Terms
Reasons for choosing mandatory minimum jail and prison sentences
Role of Mandatory Sentences in Reducing Recidivism
The legal system is reliant on two different approaches for sentencing the offenders. The determinate and indeterminate sentencing is discussed in detail. The recent trend towards determinate sentencing and their impacts are also elaborated. The reasons for choosing determinate sentencing and its role in reducing recidivism are also discussed in the following sections. The political influence on these changes has also brought it in public domain and several opinions in favor and against prevail in the ordinary public as well as the legal practitioners.
Determinate Sentencing:
The term of imprisonment is applicable for the convicted criminals in consideration with the legal requirements. The judges are entitled to impose a term for imprisonment applicable according to the legal findings and committed crime under the law. The number of years imposed by the judge is referred to determine sentence. Since 20th century the legal system incorporated the jurisdiction of judges to impose particular number of years for imprisonment. The determine sentencing was fully enacted in four U.S. states since 1977 (Neubauer & Fradella, 2010).
On the contrary through late 1970s the rehabilitation models were developed according to the correctional thinking a number of jurisdictions enabled the judges to apply indeterminate sentence. It is also referred to indefinite sentences. The state legislature incorporated determinate and indeterminate sentences in the legal system. Numerous changes in the law regarding determine sentencing, provisions for minimum mandatory sentence, and guidelines for sentencing occurred since 1970s (Neubauer et al., 2020).
Recent Trend for Determinate Sentencing:
The political intuition has changed against the determine sentencing towards the parole and indeterminate sentencing. It has created an image of justice system as soft law for offenders. The democrats and conservatives are all in favor of the determine sentencing for different reasons (Alarid & Del Carmen, 2012). The inconsistency in the sentencing system is observed and it requires a unified approach towards equaling treatment with offenders. The decreasing trend for determine sentencing has several impacts on parole and justice system (Bowman & Kearney, 2010).
Impact on Probationary Terms:
The probationary terms refer to the release of a prisoner to serve the rest of sentence under community supervision. It is based on the rehabilitation model to provide a chance for personal reform for prisoners. It has a profound impact on the prisons as it is observed that the population in prisons has increased over the past years. The role of parole officers has increased so as their workload. The parole officers cannot perform their duties accurately as the increased numbers of criminals are released on parole using discretionary powers of the justice system. A significant number of criminals do not comply with the terms of release and as a result they are again imprisoned (Bowman et al., 2010).
Reasons for choosing mandatory minimum jail and prison…
Sample Source(s) Used
References:
Alarid, L.F., & Del Carmen, R.V. (2012). Community-based corrections. USA: Wadsworth Publishing Company.
Bowman, A.O.M., & Kearney, R.C. (2010). State and local government. USA: Wadsworth Publishing Company.
Neubauer, D.W., & Fradella, H.F. (2010). America's courts and the criminal justice system. (10th ed.). USA: Wadsworth Publishing Company.
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