Indeterminate Sentencing

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In the early 1970's, a vast number of states transformed their sentencing protocol to new methods that seemed to be more structured as the concerns arose in the criminal justice system (Gregory & Leymon, 2010). Judicial discretion can impact determinate and indeterminate sentences as the power remains among the judge as to the severity of the sentence that will be carried out. "The forms of sentencing sanctions available to judges vary from jurisdiction to jurisdiction, but generally include diversionary programs, fines, probation, intermediate sanctions, confinement in jail, incarceration in a state or federal prison, and the death penalty", (Siegel & Bartollas, 2014, p. 39).

A determinate sentence has been implemented in approximately one-third of the United States and is in conjunction with the three-strikes law, mandatory minimum sentences, truth-in-sentencing, and sentencing guidelines (Siegel & Bartollas, 2014). Judicial discretion can influence the magnitude of the sentence imposed on the defendant based on the volume of the crime and historical evidentiary characteristics of the defendant. Determinate sentences were weakened as indeterminate sentences became a new and rehabilitative method for detainees in the late 1800's and resulted in the formation of
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Indeterminate sentencing served as a sentence for criminal actions but could be lessened if the prisoner concluded a rehabilitative program and was considered to have successfully been rehabilitated in conjunction with cooperating with others. Contrary to this, if the prisoner neglected any rehabilitative assistance and did not cooperate, the entire sentence would be expected to be served at the discretion of the parole board instead of the judge (Siegel & Bartollas,

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