Indeterminate Sentence

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Date Submitted: 07/15/2012 04:34 PM

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Indeterminate sentence is a sentence enforced after conviction for a crime which does not state a definite period of time or release date, but just a range of time or an indefinite duration. Indeterminate sentencing has some disadvantages. This sentencing leads to criminals not being released early before the time of release. Indeterminate sentencing causes disparity because different sentences can be given to criminals who have committed similar crimes. This inconsistency in turn has a negative impact on the attitudes and behavior among judges as it leads to differences in their values and beliefs. Indeterminate sentencing brings about stereotyping and biasness because different criminals are treated differently. According to CriminalDefenseLawyer.com, indeterminate sentencing “puts too much power into the hands of the parole board, leading to arbitrary and discriminatory results. They charge that too often, minorities and prisoners without connections receive overly harsh decisions from parole boards, while less deserving offenders are released early”. This sentencing affects the interest of the public due to the fact that people may not agree with the Judge’s decision to release a criminal on parole.

Determinate sentencing is a sentence of imprisonment in which a convicted defendant is given a fixed term of punishment for a criminal offense. Determinate sentencing has some advantages. It eliminates personal bias or corruption of the individual making the decision. Determinate sentencing requirements have lead to dramatic reductions in violent crime in the last 30 years according to the article, Mandatory Minimum Penalties. Professor Joanne M. Shepherd of Emory University who conducted a sophisticated regression analysis comparing states with and without determinate sentencing concluded that in those states with determinate sentencing laws – murders fell by 16 percent, aggravated assaults by 12 percent, robberies by 24 percent, rapes by 12 percent and...