Compare And Contrast The Indeterminate And The Determinate Model

The United States criminal justice system is made up of two models that criminals face concerning the sentencing phase of the courts. The two are indeterminate model and the determinate model. When you look at both of these models there are advantages and disadvantage that effect not only society but the criminals that are to fulfill the path of the models. The sentencing in the indeterminate model is formatted for rehabilitation of the inmate through his/her positive action while incarcerated. This positive rehabilitation sets up the end result of being released from the sentencing imposed for the crime. The other area of the sentencing is the determinate model that is focused on sentencing all criminal sin the same manner in the criminal …show more content…
The other aspects of the model allows the inmate after fulfilling the rehabilitation requirement in the system to be returned back into society. This fulfillment in the rehabilitation process would be better review by the personal in the correctional profession (Parole board) then the setting judge on the case. These personal know the correctional process and how it applies to inmates serving time. The arguments to this model are from the inmates that state that it violates their due process. The inmates state that because the sentencing does not provide a release date this action falls under the element of cruel and unusual punishment. Society argument is that the inmates will have no consistency with the justice system in sentencing. One inmate may receive a different sentence then someone else who commits the same crime. The other aspects of the indeterminate model is that the judges and parole board may use a bias and stereotyping when handing down the requirements in the correctional system either upon the sentencing or parole board actions. There is some concerns as to the real action of indeterminate sentencing which links the seriousness of the offense and severity of …show more content…
Both models have arguments that suggest positives and negatives. Each one of the theories are different with their argument for approval of criminology. The explanation of the process in the two models shows that there is not one action that fits all crimes and people. This shows that each inmate committed a crime for a different reason against society. These reasons they commit the crimes do not fall in one area of the criminological theory but shows they intersect between all three theories. It is not simply sufficient to say that one criminal committed a crime in one theory so that criminal should be sentenced according to a definitive model. When a person in society commits a crime the system needs to understand the different attributes associated with that crime which inevitably will lead to complications. Both the determinate and indeterminate models have positives and negatives. These results can both potentially exonerate and decimate inmates. The end results the inmates need to understand is that it is their choice to utilize the programs set in place. The use of these resources in the system will assist them with the integrating back into society. The inmates initiative, criminological theories and sentencing models will always be