Be sure to address the four types of sentencing models and the issues surrounding them equity, truth-in-sentencing and proportionality. Sentencing models are plans or strategies developed for imposing punishment for crimes committed. During the 19th century these punishments were normally probation, fines and flat sentences.
When someone was given a flat sentence, he or she had to serve the entire sentence without parole or early release. However, by the end of the 19th century the new models were developed. Indeterminate sentencing involves the judge handing down the sentence, specifying what the maximum and the minimum sentence is. However, the actual length of time served is determined by the parole board. Determinate sentencing involves prisoners being released early for good behavior.
The credits, in turn, reduce the sentencing. In contrast, presumptive guidelines sentencing involves the judge following the guidelines provided by a sentencing commission. In other words, the sentence handed down must meet what is authorized by the sentencing commissions. Finally, the last sentencing model is the mandatory minimum sentence. With the mandatory In contrast, the indeterminate sentencing reduces prison population but created more case loads for the community corrections.
When the inmate is paroled early for good behavior, he or she is placed on parole. While on parole the community corrections must ensure that these individuals are not violating parole. Some ways to monitor the individuals behavior is through electronic monitoring if on house arrest , alcohol and drug tests, home visits and reporting centers.
The more people released early, the bigger the case load Nieto, Works Cited Nieto, M. Community corrections punishments: An alternative to incarceration for non-violent offenders. Correctional systems 4th ed. Get Access. Better Essays. The Many Benefits of the Parole System. Read More. Satisfactory Essays. Three Strikes law Words 3 Pages. Three Strikes law. Powerful Essays.
Past, Present and Future of Probation and Parole. Best Essays. Parole Should Be Abolished. The Idea of Getting Tougher on Crime. Essay On The Correctional System.
Evaluation of Correctional Education. Good Essays. Punishment And Corrections Case Study. Related Topics. Crime Prison Corrections. Determinate sentences. Determinate sentences require a fixed period of confinement, with possible reduction for parole. A legislature fixes the terms for particular crimes, thus taking away the sentencing discretion of judges. Under determinate sentencing, the judge still makes the decision of whether or not the offender goes to prison, but the decision as to the length of sentence is taken away from the judge.
In some instances, inmates sentenced under determinate sentences are still eligible for parole after serving a portion of their terms. The impact of determinate sentencing. Determinate sentences move power in the sentencing process from judges to prosecutors, increase the likelihood that offenders will be sent to prison, lengthen sentences, increase the proportion of sentences served in prison before release, and contribute to prison overcrowding.
The Violent Crime Control and Law Enforcement Act requires states that want to qualify for federal financial aid to change their laws so offenders serve at least 85 percent of their sentences.
Mandatory sentences. Such laws deny judges their traditional powers of discretion. Three-strikes-and-you're-out laws. Finally, the third, and final, strike can be a nonviolent offense such as marijuana possession , producing a situation in which the maximum sentence of life imprisonment can be disproportionate to the offender's criminal history.
The impact of mandatory sentencing. Because prosecutors and judges often get around them, mandatory minimums lack predictability and certainty. The U. Prosecutors can avoid mandatory minimums by entering into certain kinds of plea bargains. Federal law, for example, allows prosecutors to ask for sentences below the mandatory minimum for defendants who cooperate by providing evidence against other criminals.
Sentencing guidelines. By , 17 states and the federal government had adopted sentencing guidelines. These guidelines shift sentencing power from state judges to legislators. To determine the proper sentence, judges follow a grid, which identifies what the proper sentence is for a person who has committed a specific crime and who has a certain criminal history score based on the number and severity of prior criminal convictions.
Congress passed the Federal Sentencing Guidelines Act in , which eliminated parole for federal prisoners, limited early release from prison for good behavior, and curtailed the discretion of federal district court judges. Neither federal nor state judges can deviate from sentencing guidelines except when there are aggravating or mitigating circumstances that are not adequately covered in the guidelines. After making such departures from the guidelines, judges must justify them in writing.
The impact of sentencing guidelines.
0コメント