Essay On Determinate Sentencing

Improved Essays
Throughout this year we have utilized our own personal experiences, theories from the reading, and a multitude of theories and facts. Each of these aids us in the pursuit of understanding our justice system and how it treats or cares for the offenders that attempt to break it. The state of Texas, known for its odd and harsh punishments for offenders of all ages, uses a unique and complex sentencing structure reserved for its most violent and serious juvenile offenders. Determinate Sentencing is legally defined as a jail or prison sentence that is definite and not subject to review by a parole board or other agency. Created in the 1980’s by Texas legislators, determinate sentencing is a sentencing structure that gives even the most serious and violent juvenile offenders a second chance at rehabilitation. For too long juveniles have seemed to be just following a path that leads to adult prison without any …show more content…
Most of these violent offenders have their cases closed and are the clear and definite perpetrators of the crime, but there is always the chance that a select individual is innocent of his or her crime. This determinate sentencing gives them an outlet away from adult prison. According to the text and Chad R Trulson, the program in which the youth are indoctrinated into creates real change. He writes from an eyewitness account of serious offenders making real change despite the crimes they had committed. This type of determinate sentencing is also unanimously viewed as fair and just, this eliminates any form of bias within the system. Good behavior will not give you parole, and the offender does not have to spend more or less time then they deserve. Determinate Sentencing is also seen as an excellent deterrent to lesser criminals, the knowledge that a certain crime will indefinitely give you a certain amount of time behind bars sways man from

Related Documents

  • Great Essays

    An estimated 250,000 youth are tried, sentenced, or incarcerated every year across the United States (campaign for youth justice). There is large controversy regarding whether or not children and young adults should be required to be sentenced as adults, regardless of their age and circumstance. This is believed to be the most logical way of approaching this matter because every case should undergo the same consequences despite the criminal’s circumstances. An opposing view would argue that it is necessary to take into consideration the situation of each criminal case before deciding on the punishment. They would also claim that children specifically, should be given another chance due to their lack of maturity.…

    • 1774 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    A jury may also exercise the sentencing guidelines are usually imposed by the judge in most cases, but sentencing or it can be mandated by a statue; such as, mandatory prison sentence for certain crimes. There are various forms of sentences that are to be reviewed: concurrent and consecutive sentences, good time, sentencing sanctions, sentencing models, indeterminate sentences, determine sentences, structured sentences, feral sentencing guidelines, mandatory minimum sentences, and that of the three-strikes laws. The issue with concurrent and consecutive sentences is that concurrent sentences allow for than one sentence to be served at the same time as the others, while consecutive sentences only allow for one sentence to be served at a time, this is good in the case that there…

    • 848 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    The purpose of the criminal justice system is to provide a sanction to those who have violated that law created by Congress and state legislative and protect those who have been affected by those actions. One of the ways in which the criminal justice system works to prevent socially unacceptable behavior is through deterrence, or the threat or imposition of punishment deters the commission of crimes (Mallor, p. 135). As seen in this case, the government sanctions the defendant with incarceration to deter him from committing future crimes as mentioned similarly in the…

    • 1434 Words
    • 6 Pages
    Great Essays
  • Great Essays

    Juveniles require therapy and each juvenile need to be treated as a person in need of treatment in the juvenile justice system. The adult criminal justice system was designed to incarcerate adults for extended periods of time; its primary purpose is punishment. Prisons and jails are to house adults for short and long periods of time. Jails and prisons are dangerous for adults, but they can be detrimental and deadly for juveniles, especially those housed alone and those living with adult violent offenders. The criminal justice history has shown that rehabilitation of juveniles works best for most juvenile because they do not think and act as adults.…

    • 1265 Words
    • 5 Pages
    Great Essays
  • Decent Essays

    Judges are limited in their sentencing discretion by statutory provisions, philosophical rationales, organization considerations, presentence investigation reports, and their own characteristics. There are many statutory provisions are indeterminate sentencing, determinate sentencing, flat-time sentencing, mandatory sentencing, presumptive sentencing and then the restitution that has been paid for the injuries that the defendant has caused. The philosophical rationales that limit are a judge are the criminal sanction penalties that have been set for violating criminal law. There are three organization considerations that limit the amount of discretion a judge has is he plea bargains that have been set, the capacity of the system, and the amount…

    • 209 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The goal of incapacitation, or using prison (or some type of imprisonment) as a way to remove more offenders (or potential offenders) off the streets, exists conjointly with the outlook and ideologies of the Crime Control Model. Those following the philosophies of this model cite that the best way to protect the community is to remove offenders from public interaction, so incapacitation would best serve the needs of both the offender and society. Society benefits from the lessened potential of an offender committing further crimes against the law abiding, and the offender must deal only with the restraints defined under his sentencing, and not further punishment (such as retribution). With the goal of incapacitation looming, it is easier to quickly and efficiently push offenders through and standardized criminal justice system without much thought for the outcomes for the individual. Citing the goal of incapacitation also provides more validity for the discretion of law enforcement officials, especially when making arrests or detaining parties.…

    • 1018 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    I believe that by making some changes to the mandatory minimum sentencing guidelines would in the long run make our justice system better able to serve the people. I know many of you, like I believe there should be no change to the mandatory minimum sentencing guidelines, but have you or I for that matter really thought through what that means for people like Lee Wollard or Trina Garnett? Lee Wollard didn’t hurt the young man, he protected his daughter and family, yet is spending twenty years behind bars because he fired a warning shot into his home. Trina Garnett was an abused teenager with a mental illness that needed medical care not sent to prison.…

    • 516 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    The four previous options still exist, but now are administrated to different offenders. After realignment, offenders “convicted of non‐serious, non‐violent, non‐sexual crimes will now serve their time in county jail instead of prison ”, which means that the sentencing has not changed. Additionally, there are no limits on the sentence that can be served in a county jail. There also a new option called “split sentencing” that allows a judge to split the amount of time spent in a custody and under mandatory supervision, but only it is a non-violent or non-sexual crime . This not only maximizes resources, but lessens the stress on the county jails, and prevents the overuse of the prisons.…

    • 1736 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Intermediate punishments are sanctions that can involve probation or nonsecure residential programs. Nonsecure residential programs allow juveniles to be closely watched and monitored by confinement and/or by electronic monitoring. Intermediate Punishment Programs are alternatives used for both juveniles and adults to avoid incarceration, if the crime isn’t extreme. Some examples of Intermediate Punishment Programs include community service, restitution, educational programs, and fines. These alternatives are used because they are less-expensive, reduce recidivism, and improve certain skills of the juvenile offender.…

    • 242 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    According to the Sentencing Project, which is a non-profit organization that promotes reduced reliance on incarceration and increased use of more effective alternatives to deal with crime, states that the United States correctional system of the past thirty years has been characterized by a population increasing the exponentially in response to changes in policy towards mandatory minimum and determinate sentencing (Sentencing). In other words, individuals convicted of a crime today are more likely to be sentenced to incarceration and spend longer terms in prison, than their counterparts in previous decades (Sentencing). In 2002, state and federal prison and local jail populations exceeded 2 million, a trend that has contributed to prison overcrowding and has overwhelmed state governments with the burden of funding this rapidly expanding penal system (Sentencing). These changes in policy have resulted in the reality that prisons today are filled with large numbers of non-violent and drug…

    • 471 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    According to this week’s reading deterrence theory asserts that we can deter (i.e., prevent) crime by increasing the potential risks to criminals so that the risks outweigh the potential benefits or rewards to be gained from committing crime whereas and the rationale theory indicates that the need to commit a crime is due to the rewards being great than the punishment for committing a crime (Robinson, M.B. 2013). The thought is that if the risk is worse than the reward then people will be less likely to commit the crime again. The drawback to this with the court system is that it takes so long to get a court date. Prisons actually may do the opposite when it comes to criminals. Prisoners often learn other ways to commit a crime from other…

    • 229 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    In the United States, 1 of every 2,000 residents is serving a life sentence due to the crime they had done in their lifetime. Inside the walls of the prison, One in every nine prisoner is serving a life sentence in due to chargers they have. United states hold the world largest population of offenders serving a life sentence. California holds a quarter of the 49,000 thousand offenders serving a life sentence followed by Florida (12,549) and New York (10,245), Texas (9,031), Georgia (7,938), Ohio (6,075), Michigan (5,137), Pennsylvania (5,104) and Louisiana (4,657). Most the prisoners incarcerated are because of homicide, homicide is one of the most seen cases the federal government has had in the past years.…

    • 1138 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The various theories of punishment and the penalty such as deterrence, retribution and restorative justice are all approaches to criminal justice. They all are justified using different ethical theories like utilitarianism, deontological ethics, virtue ethics and feminist ethics. Deterrence is concerned with ‘discouraging people especially criminals from committing the crime.’ It means that it prevents other people from doing crimes during their imprisonment and stops them from during that in future. One purpose for them is to stop people from harming others especially the teenagers that are in reformed schools.…

    • 412 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Solutions and alternatives have been made. Although the court can’t decide if minors should be transferred to adult courts or place into rehabilitation. The goal is to place minors to rehabilitation and to change their behavior. According to Lyons she states that, “such programs are designed to keep youths engaged with schools and community services, provided therapy for the juveniles and their families and sometimes allows victims to provide input on how an offender should be sentenced” (756).…

    • 198 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Criminal Sentencing Essay

    • 1107 Words
    • 5 Pages

    The criminal justice system maintains different goals when attempting to correct deviant and illicit behavior. In accordance to the sentencing guidelines established by United States Sentencing Commission (2011), punitive sentences are to incorporate a purpose for the sentence. Criminal sentencing can be categorized into six areas with distinctive goals: general and specific deterrence, incapacitation, retributive, rehabilitative, and equity/restitution. The sentencing goals are not exclusive and at times overlap in achieving its purpose. Furthermore, one goal is not better than another, but rather one would be more applicable in certain situations than another.…

    • 1107 Words
    • 5 Pages
    Improved Essays

Related Topics