The sentencing models are the plans that have been developed and used to punish the offenders of various crimes. Various crimes attract different punishments, each depending on the magnitude of the crime committed. The models of sentencing majorly determine the sentencing time and conditions under which one can be released from the jails. These models directly have a great impact on the corrections within prisons. The long term sentencing usually gives the prisoners a longer time for rehabilitation and thus a better chance to change. On the other hand, short-term imprisonment may have a limited impact on the prisoners' behavioral change when they get back to the community. Many sentencing models are currently used. The most used once include indeterminate sentencing and determinate sentencing.
One of the most common sentencing model used is the indeterminate model. An indeterminate model does not set the specific jail term for the offenders. Instead, it sets the minimum and maximum jail term so that the offender has to stay within the set range (Bülow, 2018). It provides a broad judicial discretion in which the length of the jail term is adjusted to fit the crime or the defendant (King, 2015). When making a ruling, the judge will always set a time range, but will not give the specific date upon which the jail term is to end. Such a sentencing model is mainly used for felony offenses, which usually carry over a year of sentencing.
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The indeterminate sentencing model plays a major role in the correction and the effectiveness of rehabilitation for the offenders. This sentencing model encourages the prisoners to take advantage of the rehabilitation programs within the prison to achieve an earlier release. Due to the possibility of prisoners getting released early, they are more likely to develop earlier behavioral change. Every prisoner wants to get out of prison as early as possible. With no specific jail term, the prisoners are more likely to comply with the prison rules and develop behavioral change. The benefit of this model is that it increases the chance of offenders changing their behaviors early enough to secure a release (Morrow & Puzauskas, 2017). It is important, especially in promoting behavioral change through rehabilitation programs, to enhance smooth entry into society. The indeterminate punishment policy provides an incentive to the prisoners to change their behaviors so that they can secure release. Unlike other punishment policies, the indetermination has been found to play a major role in promoting the prisoners' positive conduct. Such behaviors are more likely to be carried back to the community, thus promoting positive re-entry. Therefore, the indeterminate sentencing model is important in promoting behavioral change and ensuring the offenders get back to the community as changed people.
Another most commonly used sentencing model is determinate sentencing. This model means that the offender is sentenced for a specific amount of time in jail. The judge rules that an offender upon conviction be sentenced to a specific period (King, 2015). This sentencing model is viewed by many as the best due to equality. The punishment model should be certain for every crime committed if there is to be an effective deterrent. This model is quite clear, making it certain that an offender will serve a specific period of jail term for a specific offense (Stein, 2015). However, this sentencing policy limits the judge's discretion to consider any mitigating circumstances.
Unlike the indeterminate sentencing, which tends to have a positive role in corrections, this model only presents negative consequences. Because the jail term is fixed, the prisoners are less likely to have any incentive to develop behavioral change. The sentencing period is fixed, and the offender may not be released even if they show positive behavioral change (Bales& Miller, 2014). Determinate sentencing does not provide any legibility for parole until the jail term is served. It reduces the effectiveness of the correctional and rehabilitation programs in prisons. The prisoners may see no incentive to change or adhere to the prison rules. In the end, they come out unchanged and are more likely to recommit other crimes. Offenders are imprisoned not only for their crimes but also to be rehabilitated. When the jail term is already fixed, it may not provide an opportunity for the offenders to change their behaviors. The goal of imprisonment should be to rehabilitate the offenders and ensure they develop behavior change once they finish the jail term.
In conclusion, the model of sentencing that is adopted plays a major role in correctional and rehabilitation effectiveness. The most common sentencing models are indeterminate and determinate. The determination model sets a specific jail term for the offenders, and despite the behavioral change, they cannot be released before the period ends. This model is less effective for promoting rehabilitation effectiveness. On the other hand, the Indeterminate model entails setting minimum and maximum jail terms with a specific date of release being flexible. It enhances positive behavior change due to the incentive to get an early release. It is, therefore, the most effective to ensure rehabilitation and smooth re-entry into society after release.
References
Bales, W. D., & Miller, C. H. (2014). The impact of determinate sentencing on prisoner misconduct. Journal of Criminal Justice , 40 (5), 394-403
Bülow, W. (2018). Deserved Delayed Release? The Communicative Theory of Punishment and Indeterminate Prison Sentences. Criminal Justice Ethics , 37 (2), 164-181.
King, R. (2015). Balancing the Goals of Determinate and Indeterminate Sentencing Systems. Fed. Sent'g Rep. , 28 , 85.
Morrow, K., & Puzauskas, K. (2017). No Indeterminate Sentencing Without Parole.
Stein, M. (2015). A Philosophical Analysis of California Determinate Sentencing, Three Strikes, and Realignment.
