13 Oct 2022

160

The Various Types of Sentencing Structures

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Academic level: High School

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The indeterminate sentencing structure is founded on the Medical Model, which has rehabilitation as its primary goal. It has both a minimum and maximum sentencing period. Its underlying principle is that prison will rehabilitate some criminals and that different individuals react differently to punishment. The parole board can decide if there are strong signs of change in the offender. A key benefit of such a structure is that it rehabilitates offenders. Moreover, early release is possible for the offender and all factors such as criminal history and offender's conduct in prison. However, it is disadvantageous since there is a high likelihood for abuse of discretion by parole boards, given that too much power is placed on them. 

The determinate sentencing structure is based on the justice model, which emphasizes accountability. The sentence has a set release date meaning that there is no possibility of receiving another shorter sentence. In this respect, the offender cannot be released early for behaving upright. The sentence can only be shortened with good time, time earned for prescribed behavior. The primary benefit of determinate sentencing is that it eliminates any likelihood of bias during the sentencing part of the trial, irrespective of whether the judge likes the individual or not. In addition, there are no variables that can affect the sentencing's direction. However, it is disadvantageous given that it lacks flexibility with regard to punishment. It also costs more than other structures. 

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The truth in sentencing requires offenders to be incarcerated for a considerable portion of the prison sentence issued by the court prior to being eligible for early release. It was developed as a result of the prosecutors and public officials objecting to the early release of offenders well before their stipulated maximum sentence. It requires perpetrators to serve eighty-five percent of their sentences before being released. This time is affected by the opportunity to receive federal financing for prisons. The primary advantage of such sentencing is its cost effectiveness. In addition, it can serve as the main deterrent for would-be offenders. A key disadvantage is that it denies the offender an opportunity to benefit from early release. 

In mandatory sentencing, all offenders serve a similar sentence for specific offenses such as those involving violence, drug possession, or gun ownership. It is a key part of criminal law, and the perpetrator must serve the stipulated sentence before being considered for release. It is beneficial since it is a major deterrent for serious offenses. Moreover, mandatory sentencing stops judges from making unjust sentences by reducing chances in which personal bias arises. It is also beneficial since it maximizes the safety impact of prisons on society. However, it is disadvantageous since it diminishes the role of a judge. Every offender is treated in a similar way, and, in this case, the judge's authority is limited. Moreover, it can be used in targeting particular groups, for instance, minority groups. It is also disadvantageous since it is used for coercion. 

In concurrent sentences, the offender has to serve all the imposed sentences at the same time. In this respect, it applies to an offender who has been convicted of more than one offense. For instance, if the offender has been sentenced to six years in prison for assault and ten years for burglary, the total concurrent sentence would be ten years. 

In a consecutive sentence, the offender has to serve the sentences one following the other. The second sentence can only be served if the first one is completed. For instance, if the offender has been sentenced to six years in prison for assault and ten years for burglary, the total consecutive sentence would be sixteen years. 

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StudyBounty. (2023, September 14). The Various Types of Sentencing Structures .
https://studybounty.com/the-various-types-of-sentencing-structures-assignment

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