Split Sentencing
A split sentence is a sentence that is fragmented into two sentence parts where the first fragment of sentencing is served through incarceration while the second sentence is probation. Split sentencing occurs in scenarios where there is overcrowding in the jails or in a state that offers several alternatives for the extension of jail terms. For a juvenile to receive a split sentence, he/she should be well equipped with how a split sentence works. Moreover, consideration is given to the eligibility of a person and the expected outcome of a split sentence.
Besides, a split sentence happens where a defendant is put on probation for a long period after being in jail for a specified period. It is the judge’s responsibility to decide how much time a defendant should take on probation and how long a defendant should stay in prison ( Shaw & McKay, 2016). However, most states have set rules and guidelines to guide the judges when ruling on a split sentence.
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The eligibility of a split sentence depends on the set criminal case for the respective sentencing state of a defendant. For example, in Alabama, a criminal convicted over a sexual offense for an underage cannot be granted a split sentence. Defendants with undesirable criminal history are disqualified for a split sentence. In addition, criminals who have served jail terms that exceed 20 years cannot qualify for a split sentence due to their long sentence.
Split Sentencing Successes and their Examples
A split sentencing success occurs where a juvenile offender is successfully rehabilitated while still in detention and does not commit any other crime. The judge then decides to release the juvenile offender to the society as a free and a reformed youth. For example, a 16-year-old N.S who was convicted over robbery was given eight years sentence where he spent the first two years in a juvenile rehab center. Later, NS was sent to the Roederer Correctional Complex for six months then later was taken back to the juvenile rehab center ( Shaw & McKay, 2016). Upon being presented to the judge, N.S had several recommendation letters from the counselors, the staff, and the teachers. The positive recommendation letters impressed the judge, and he ordered the release of N.S to the society as a free man.
Splitting Sentences Failures and their Examples
On the other hand, a split sentence failure occurs when a criminal undergoes a juvenile rehabilitation and still commits a crime. When a criminal commits another crime, it indicates that the split sentence did not transform the criminal hence the need to be detained more. The judges then decide of transferring the juveniles into an adult prison for further detention until they become fully reformed.
For example, a 16-year-old named Tyrone Winkelman together with his friends stole a vehicle that belonged to one of the mutual friend’s mother. They forcefully took the car from the mother to the point of pointing her with the knife. Later, Tyrone was given a split sentence, upon reaching 17 years; he was sentenced to serve an extra two years in a maximum adult prison since he became violent to a staff member in the juvenile facility (Washburn, Teplin, Voss, Simon, Abram, McClelland & Olson, 2015).
Determining whether splitting a sentence is effective or not
Splitting a sentence is not an effective way to detain a criminal since a defendant serving a jail term does not receive credit while serving a sentence at the prison. In a scenario where a defendant should serve five years in detention, he must negotiate for a regular sentence for him to get a better rating and to receive a wave for earlier discharge from custody.
Additionally, probation is a very awkward stage of the split sentence term since a defendant must comply with the set rules for community supervision. The close supervision of the defendant’s during probation compels the juveniles to serve their jail term because of the fear of being subject to the embarrassment of monitoring during probation.
Lastly, there is no provision for what punishment a defendant should be given in case he/she violates the set terms and conditions for probation ( Washburn, Teplin, Voss, Simon, Abram, McClelland & Olson, 2015). An effective split sentence should revoke the probation sentence and send back the unruly defendants to prison. Consequently, a judge should sentence the defendants fully on the initial conviction without allowing them to serve probation anymore. Therefore, a split sentence is not effective since there is no guarantee of transforming the juveniles to significant and influential people in the society.
Determining whether it is true or not whether the juvenile offenders issued a split sentence are getting off easily
I agree with the idea that juvenile criminals sentenced under a split sentence get off very easy. This is because the juveniles are exposed to the society during the probation period hence they are at a high chance to take the punishment lightly. Besides, the split sentence does not put strict rules that should govern the behaviors of the defendants after they are released from the prisons. Moreover, the detention period set for the juveniles is usually too short hence the criminals are not given enough time to change their behaviors.
References
Shaw, C. R., & McKay, H. D. (2016). Juvenile Delinquency and Urban Areas: A Study of Rates of Delinquency in Relation to Differential Characteristics of Local Communities in American Cities (1969). In Classics in Environmental Criminology (pp. 103-140). CRC Press.
Washburn, J. J., Teplin, L. A., Voss, L. S., Simon, C. D., Abram, K. M., McClelland, G. M., & Olson, N. D. (2015). Detained youth processed in juvenile and adult court: Psychiatric disorders and mental health needs . US Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention.
