Sentencing Techniques, Essay Example

Discuss the differences between indeterminate and sentences of fixed terms. Which do you think are the most effective sentencing techniques, and why? How do truth-in-sentencing statutes figure into both of the two types of sentencing decisions?

A determinate sentence is the same as a fixed sentence. It is a sentence that is imposed by a judge for crime for a set period of time. An indeterminate sentence states the sentence ‘shall not be for more than or less than a certain period of time’. This kind of sentence is rendered under certain statutes in states. The indeterminate sentence is usually rendered for more crimes of longevity or those that could possibly be rehabilitated over time hence the system “preserves control over the offender and enables a careful evaluation of the offender prior to releasing him back into the community.” (“A Statement Regarding Utah’s Indeterminate Sentencing System”). The primary focus for judges and release pardon boards are (1) the public’s safety (2) the victim’s rights and (3) the offender’s rehabilitation. The first, the public safety will always override the latter two when in question. This kind of sentencing will benefit the community as a whole because the risk to the public will be minimized when releasing the offender back into the community because they will have undergone rehabilitation whist in incarceration and will have gone before a review board for fitness for release. “Release is contingent upon the nature of the crime committed, mitigating and aggravating circumstances associated with the criminal offense, past criminal history, the offenders conduct in prison, and proven amenability to rehabilitation over time.” (“A Statement Regarding Utah’s Indeterminate Sentencing System”).

Fixed sentencing on the other hand are statutory for certain crimes whether they are misdemeanor or felonious. They can range for simple burglary to rape and the fixed sentence can depend on what the judge orders. Many people feel fixed sentencing is racial biased and should be totally eliminated. Factors considered with a fixed sentence will be whether the defendant is a first time offender, whether anyone was hurt in the commission of the crime, whether the offender was particularly cruel to the victim or whether the offender was particularly remorseful. Sometimes a fixed sentence may be ordered and the judge may dismiss all jail time or all but a particular time and impose only a fine depending on the nature of the crime. An example is a contempt of court misdemeanor charge where a judge may impose a fine or sentence a person to ten days in jail and dismiss all days but one. This would be a fixed sentence but regulated by the judge.

Referencing

A Statement Regarding Utah’s Indeterminate Sentencing System Utah Sentencing Commission September 2006.

Sentencing and Sentencing Guidelines (2010) Retrieved July 14, 2010 from, http://www.enotes.com/everyday-law-encyclopedia/sentencing-and-sentencing-guidelines#factors-considered-determining-sentence