Indeterminate Sentencing Model

Improved Essays
rehabilitation, this type of sentencing model channels the underlying causes of crime in order to reduce future offending (Worrall, 2015). In colonial times, sentencing was solely on retributive and later on deterrence. However in the late 1800's, sentencing became premised on rehabilitation. This then led to a system of punishment called indeterminate sentencing. Sentencing often had wide ranges involving minimum and maximum terms that could sentence someone as little as a day to life in prison. This wide range allowed for time to evaluate the offender's rehabilitation and whether he was fit to return to society. The judge would determine the range of sentencing, but the release decision would fall on prison authorities or prison boards. Although indeterminate sentencing was based on the rehabilitation model and the needs of each offender, sometimes those needs were ignored and/or treated poorly in regards to funding and administering them. Many states still operate under the indeterminate sentencing model, but there has been a drastic shift in methods of sentencing. However, it soon changed to determinate sentencing. The courts wanted uniformity throughout punishments. Determinate sentencing is a …show more content…
These sentencing laws involve legislatures passing fixed penalties, but they differ because these laws are only designed for specific offenders and offenses. The also establish statutory minimums, not maximum. For cases as such, judges may sentence offenders above the requirement, but never below. Nearly all of mandatory minimum requirements have taken the abilities of the judges to make the sentence fit the crime or particularly the defendant. Which raises question. This comes into play especially when the charges are federal and state drug laws, which can require between twenty and thirty years in prison. Sometimes it can even be life for some of

Related Documents

  • Superior Essays

    Rehabilitation Model

    • 1262 Words
    • 6 Pages

    The sentence was not intended to prosecute and punish but was directed towards a rehabilitative and educational approach. By…

    • 1262 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Commerce law assessment task 3- Lachlan O’Malley Mandatory Sentencing in New South Wales 1. Mandatory Sentencing- a mandatory sentence is a court decision where legal discretion is limited by law. Most frequently, people convicted of certain crimes such as armed robbery or murder must be punished with at least a minimum number of years set in prison. 2.…

    • 1265 Words
    • 6 Pages
    Improved Essays
  • Decent Essays

    In the most recent couple of years the verbal confrontation about whether obligatory sentencing ought to be nullified, and judges utilizing their own carefulness ought to happen has turned into a well known dialog in the United States. I see upsides and downsides for both sides. Mandatory least have filled the correctional facilites and penitentiaries with an excess of peaceful, first time guilty parties which brings about prison/jail packing and more obligation. President Obama expressed in a discourse "We have to lower long obligatory least sentences or dispose of them totally. " Opponents of compulsory least sentences contend that: Minority litigants are excessively detained contrasted with Caucasian respondents under the compulsory least…

    • 248 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    The Rockefeller Drug Laws

    • 2314 Words
    • 9 Pages

    The length of prison time varied depending on the weight and type of drug for the felony charge. With mandatory imprisonment for all drug charges, judges had no discretion to recommend probation or…

    • 2314 Words
    • 9 Pages
    Superior 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
  • Improved Essays

    1984 Sentence Reform

    • 193 Words
    • 1 Pages

    Sentence reform began in the early 80’s in the United States Congress. Because of the Sentence Reform Act (SRA) of 1984 which also was the birth of the Sentencing Commission, which their sole purpose was to regulate sentencing guidelines. In October of 1984, the Sentencing Commission was first organized which consisted of nine members. The federal crimes that had taken place on November 1, 1987, was when the commission's guidelines were activated. There were strict guidelines that the committee looked at when they viewed the sentencing guidelines.…

    • 193 Words
    • 1 Pages
    Improved Essays
  • Superior Essays

    In this essay I will discuss two approaches to punishment which are retributivism, also known as non-consequentialism, and utilitarianism, also known as consequentialism. I will then analyse three justifications of punishment within the utilitarian approach which are reform and rehabilitation, individual and general deterrence and incapacitation. Retributivism is a sociological perspective of crime which looks at the different forms and changes in punishment. It is a backward thinking approach as it does not look at future consequences of punishment and is mostly concerned with offences already committed and getting ‘justice’. This approach is considered similar to ‘an eye for an eye’ as it is based on the idea that if we inflict harm on another…

    • 1129 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Mandatory Minimums

    • 888 Words
    • 4 Pages

    This is achieved by requiring judges to sentence anyone convicted of specific crimes with no less than the predetermined minimum amount of time in prison, regardless of circumstance. Minimum sentences can range from thirty days to life in prison, depending on the crime committed; however, it is highly controversial whether or not the minimums are always proportionate to the crime (U.S. Sentencing Guidelines Provision). Mandatory minimums have been placed on a variety of offences including certain gun and weapon related crimes, sex crimes, identity theft, as well as many others. One of the most common examples of mandatory minimums, and possibly the most highly debated, are mandatory minimums set on drug related crimes, for example, being caught with 1gm of LSD or 100 marijuana plants could mean a minimum of five years in prison (U.S. Sentencing Guidelines Provision).…

    • 888 Words
    • 4 Pages
    Improved 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

    Do you still think that we shouldn’t make a change to the mandatory sentencing guidelines? Mandatory sentencing guidelines have their place in the justice system, but they need to have shades of gray written into them and not just black and white. “In 1984, Congress enacted the most sweeping and dramatic reform of federal sentencing -- the Sentencing Reform Act. The Act was part of the Comprehensive Crime Control Act, whose purpose was to address the problem of.” (ussc.com).…

    • 516 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    A disadvantage to indeterminate sentencing is that judges tend to be inconstant with sentencing from case to case. Many will argue that one person was treated unfair because they did not receive the same amount of time as another individual who committed the same crime. Every situation…

    • 153 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    It sets a precedent for new offenders and may offer a deterrent to those that consider their actions before commiting a crime. A minimum sentence guideline allows for a judge to not have to rely on gut instinct, personal consensus, but rather be confined to set procedures and guidelines set forth in local, state, and federal statutes. According to an article in the American Criminal Law Review the Sentencing Reform Act of 1984 was intended to eliminate unwarranted sentencing disparity by establishing a "comprehensive and consistent statement of the Federal law of sentencing, setting forth the purposes to be served"(Hofer and Allenbaugh 39). The journal goes on to explain that with the new law came a new ideology for imposing criminal sentences intended to create a consistent environment among courts. With this new consistency everyone is being treated in the same way when it comes to punishment.…

    • 1217 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Federal statutes like the Sentencing Reform Act of 1984, which according to the National Research Council, was intended to direct the U.S Commission to develop guidelines for reducing disparities, to provide alternatives to incarceration for most nonviolent and non serious first offenses, and to be guided by a prison population constraint policy but was instead used to promote mandatory guidelines, resulted in a spike in both the percentage of individuals receiving prison sentences and the length of sentences for many…

    • 1360 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    Causes Of Prison Overcrowding

    • 1400 Words
    • 6 Pages
    • 4 Works Cited

    It was designed to have criminals serve majority of their sentence in jail then on the street. Before the act was passed offenders were serving a substantially less time in jail then what the courts ordered. Since offenders were being released so easily States shifted to determinate sentencing which required a mandatory minimum sentencing guideline in the 1980s. This transition kept offenders behind bars for more time and is one of the main causes of the overcrowding of prisons. The budget cannot currently support the increasing numbers of inmates entering the jails.…

    • 1400 Words
    • 6 Pages
    • 4 Works Cited
    Superior Essays
  • Great Essays

    A problem with the guidelines could be that they become too strict. For example, someone who is not as bad can get the same sentence as someone who is very bad. For example, someone who is charged with 1st degree murder and they are sentenced to life in prison. They cannot seek parole until at least most of their sentence has been served and anyways, they are going to be sentenced the same as others who have committed the same offense—not any…

    • 2082 Words
    • 9 Pages
    Great Essays