7 Jul 2022

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Impact of Sentencing Models on Corrections

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There are basically four different models or forms of structured sentencing. This includes statutory determinate sentencing, indeterminate sentencing jurisdictions, voluntary or advisory sentencing guidelines and presumptive sentencing guidelines. The sentencing models were introduced to address the challenges associated with the criminal correction systems (Kelly, 2015) . They have had a significant impact on costs, rehabilitation of the criminals as well as strategies of deterrence and incapacitation.

Indeterminate sentencing is a system whereby the country's legislative system comes up with the minimum, and maximum terms for criminal offenses and the judge makes an elective decision on the minimum and maximum sentences for each criminal offender. In cases where the sentence is a prison, the parole board makes a decision on the jail term for each inmate under correctional management (Chandler, Fletcher, & Volkow, 2009) . Rehabilitation is the main theory behind indeterminate sentencing. The criminal offender has to demonstrate that he or she is a changed person and that the sentence has met the expectations of the individual criminal offender. The concept of Good-time laws is employed to reduce the jail term of those offenders who show good behavior while in prison.

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The indeterminate sentencing model has its pros and cons when it comes to criminal correction system (Kelly, 2015) . Its advantages include rehabilitating offenders. It takes into account the individual needs of criminal offenders with the objective of rehabilitating individuals to be integrated into the society. In the case of indeterminate sentencing, there is the possibility of early release. It tends to acknowledge and reward good offenders, at the same time punishing their bad behavior. If the criminal offender demonstrates consistent good behavior, they may have an early release to live as free citizens. Another advantage of the indeterminate sentencing model is that many factors are taken into account and not the criminal offense only. Rehabilitation efforts will include the behavior and criminal history to decide on whether the offender deserves freedom.

There are two major disadvantages of indeterminate sentencing. First, it is very easy to manipulate the system. A criminal can fake good behavior while in prison to get an early release. However, he or she can still indulge in crime once released into the society. The Parole Boards have a lot of power, and this can cause discriminatory decisions. The minority criminal offenders may be given very harsh sentences compared to those who are non-minorities.

Determinate sentencing models are not subject to any changes by parole boards or any other agency as was the case in the indeterminate sentencing model (Chandler, Fletcher, & Volkow, 2009) . The prescribed jail term is definite. Determinate sentencing includes guidelines that govern sentencing, obligatory minimum sentences and issuing enhanced sentences in some cases. This sentencing system started becoming popular in the 1980s when there was increased public concern over increased criminal activities, and strict laws were therefore demanded. The sentencing guidelines enable the judges to make decisions based on the individual circumstances surrounding the case. A form of the determinate sentencing model is the three strikes-and-you are-out law. This law places a heavy sentence for a third felony criminal offense. The reason for this is to discourage anyone from engaging in such criminal activities.

Like the indeterminate sentencing model, the determinate system has its merits and demerits. It has led to significant drop in criminal offenses since potential criminals are discouraged from indulging in crime (Chandler, Fletcher, & Volkow, 2009) . This is because of they can be given long sentences without the possible intervention of the parole. There is better utilization of money and time because decisions on the prison sentences of various criminal sentences had already been made. Therefore, it becomes easier for the court to make judgments. The determinate sentencing system has also been found to be just and fair. The criminal offenders who have committed the same offense are given similar sentences. All offenders pay for their crime without discrimination.

The determinate system may, however, be costly because more people will be in prisons. The increased prison population will require more budget allocation to cater for the increasing number of prisoners. Flexibility is a major issue in the determinate sentencing model which is in contrast to the indeterminate system (Kelly, 2015). There may be innocent people suffering for a long time after conviction with offenses requiring a long period of imprisonment. Such people who might be clueless or ignorant of what they had committed may not be granted parole. The determinate sentencing system does not focus on rehabilitating the criminal.

Another type of sentencing model, Presumptive sentencing, in majorly based on sentencing guidelines setting a presumptive sentence usually based on the seriousness of the criminal offense. The judge can make decisions as to whether he or she can reduce the sentence or under special circumstances, make an upward departure from the presumptive sentence.

References

Chandler, R. K., Fletcher, B. W., & Volkow, N. D. (2009, January 14). Treating Drug Abuse and Addiction in the Criminal Justice System: Improving Public Health and Safety. The Journal of the American Medical Association, 301 (2), 183-190.

Kelly, R. W. (2015). Criminal Justice at the Crossroads: Transforming Crime and Punishment. Texas: Columbia University Press.

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StudyBounty. (2023, September 15). Impact of Sentencing Models on Corrections.
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