Sentencing Of A Jail Or Prison Sentence - 1598 Words

Determinate Sentence is a jail or prison sentence that you cannot change its definite. But offenders are allowed to be released after they have served their time. Determinate sentences were almost exclusively used throughout the eighteenth century and it was believed that judges were the best people to determine the amount of time needed to punish the offender and to deter them from further crimes. Judges were granted the power to determine sentencing also took much discretion away from the judges. Determinate sentencing takes any question of bias out of the sentencing portion of a trial. The standard sentence is handed down, no matter who that person is or what race they are. Because there are no variables that change the sentencing†¦show more content†¦Crimes usually carried a maximum sentence judges were free to choose among various options like imprisonment, probation, and fines. Behind it is the hope that prison will rehabilitate some offenders and that different people respond differently to punishment. But it puts too much power into the hands of the parole board leading to arbitrary and discriminatory results. They charge that too often, minorities and prisoners without connections receive overly harsh decisions from parole boards while less deserving offenders are released early. Factors considered in granting parole to an offender with an indeterminate sentence include: Some facts about determinate sentencing are: aggravating or mitigating factors or circumstances relative to the crime of conviction. The offender’s entire criminal history is all available information from the victim or the victim’s family, to include comment on the impact of the crime, concerns about the offender s potential release, and requests for conditions if the offender is released. Participation in or refusal to participate in available programs or resources designed to assist an offender in reducing the risk of re-offense. The risk to public safety. Serious and repetitive disciplinary infractions during incarceration. Evidence of an inmate s continuing intent or propensity to engage in illegal activity. Statements or declarations by the offender that he/she intends to reoffend or does not intend to comply with conditionsShow MoreRelatedState And Federal Objectives Of Punishment1040 Words   |  5 PagesAbstract In this paper I will go over state and federal objectives of punishment. How sentencing affects the state and federal corrections systems will also be discussed. There are two different types of sentencing which are determinate and indeterminate sentencing, and they will be defined in this paper. State and Federal Objectives of Punishment There are four different fundamental objectives of punishment. The four different faces of punishment are deterrence, retribution, rehabilitation, andRead MoreSentencing Of The Sentencing Hearing863 Words   |  4 PagesSENTENCING Once an individual has been found guilty of a crime, sentencing will take place within thirty to sixty days. The sentencing hearing is set far enough in advance that a presentence investigation can be held by the probation department (Aberle, 2014). During the presentencing investigation the probation department will assign members to look at the defendant’s prior criminal history, military history, work history, summary of the charges including mitigating and aggravating circumstancesRead MoreJails and Prisons Comparison Essay1064 Words   |  5 PagesPrisons and jails hold some similar characteristics but are completely different models in which they serve in the criminal justice system. Some of the types of crimes that America faces today are: violent crimes, property, white collar or organized crime, and public order crimes (Worrall, 2008). The criminal justice system sets the regulations and policies of how an offender will be held accountable for their inappropriate actions. The criminal justice system is a process that takes time and moneyRead MoreIt s Time For Re Think Mandatory Minimums1607 Words   |  7 Pagesswept the nation leaving many wondering what could be done to eliminate this problem that reached everywhere from small town middle America to the larger metropolitan areas. It has always been the common acceptance that by putting more offenders in jail, crime statistics will decrease. This belief led congress to enact the anti-drug abuse act of 1986. At first, it was believed that this seemed to work, due to there being a â€Å"5% drop in crime in the 1990’s† (Chettiar). While according to various newerRead MoreThe Drug Enforcement Agency ( Dea )1574 Words   |  7 Pagesin a U.S prison. The Drug Enforcement Agency (DEA) makes over 30,000 arrests each year related to the sales and distribution of illegal narcotics. In 1986 the Anti-Drug Abuse act set the 5 and 50 gram quantities for crack cocaine which triggered the five and ten year mandatory minimum jail sentence for crack cocaine. This created a conflict with the ratio from crack to powder cocaine because it was 100:1 meaning a person caught with crack cocaine would be more likely to serve longer jail time thanRead MoreThe Effects Of Prison Overcrowding On The United States Essay1713 Words   |  7 Pageswhen the jail populace expanded from 300,000 to 1.6million detainees, and the imprisonment rate from 100 for each 100,000 to more than 500 for every 100,000. Nonetheless, there is by all accounts little relationship between the wrongdoing rate and the imprisonment rate (Clear et al., 2013). One of the causes of prison overcrowding comes about because of the expansion rate of arrest and more noteworthy utilization of detainment. The criminal justice system is detaining more individuals to prison for aRead MoreMandatory Minimum Sentencing On Violent Crimes Essay1492 Words   |  6 PagesJ’son West Nov. 12. 2016 CJ 202 Canon Mandatory Minimum Sentencing on Violent Crimes Crime in America is growing at a substantial rate and repeat offenders are playing a huge roll in this growth. Mandatory minimum sentences, first established in Connecticut in 1969 and expanded throughout the 1980s and 1990s, exemplify a shift in public policy to impose a specific amount of imprisonment based on the crime committed and the defendant’s criminal history, and away from other individual offender characteristicsRead MoreAbolishing Mandatory Minimum Sentencing On The United States1690 Words   |  7 PagesAbolishing Mandatory Minimum Sentencing in the United States EXECUTIVE SUMMARY The concept of mandatory minimum sentencing has been plaguing the justice system of the United States of America for too many years and therefore must be abolished. If mandatory minimum sentencing were to be done away with, then the criminal justice system could finally start to bring desperately needed change to itself and start to get back to where it needs to be; a system that takes people with a problem andRead MoreThe Economic Effects Of Overpopulated Prisons1500 Words   |  6 Pages The Economic Effects of Overpopulated Prisons in the United States: Christopher Polinsky, Ronald Stewart, Ryan Thornton, and Skipper Schuyler Southern Illinois University at Carbondale Prepared for Dr. Kasthuri Henry ESTIS Visiting Assistant Professor September 25, 2016 Of the nearly nine million people incarcerated worldwide, the United States houses over two million inmates in its federal, state, and local facilities. While the goal of the judicial system is to enforce the lawRead MorePros And Cons Of Mandatory Minimum Sentences1008 Words   |  5 PagesMandatory minimum sentences are court decisions where judicial discretion is limited by law. Usually when people are convicted of certain crimes they must be punished with at least a minimum number of years in prison. The article I picked to review is an article on mandatory minimum sentences. The article reviews the pros and cons of mandatory sentencing. I will go over the pros and cons described in the article and give my opinion on how I feel about them. Staring with the pros of mandatory