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Pros and Cons of Determinate Sentencing

Pros and Cons of Determinate and Indeterminate Sentencing

❶If the petition is not approved, the prosecution would then be indeterminate. In these cases, it is the prosecutor who decides whether to seek a determinate sentence, by filing a petition with a grand jury.




Judges are free to pick a lot of options such as fines, probation, imprisonment and so on, and parole boards usually decide the releasing dates. Indeterminate sentencing has sparked a lot of debate and in this article, we are going to look at the pros and cons of this system, so that you can be a little more informed about the issue. The whole principle behind indeterminate sentencing is to rehabilitate offenders.

Taking into account that each individual has its very own needs and that it needs to be different for everyone, the goal with this system is to fully rehabilitate individuals back into society. Early Release Is Possible. With indeterminate sentencing, it is all down to the individual and how he behaves. Prison officials are usually pro indeterminate sentencing because it shows the offenders that their good behavior is going to be acknowledged and rewarded, while their bad behavior is going to be punished.

Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Criminal Law Criminal Process. Indeterminate vs Determinate Prison Sentences Explained. Pros and Cons of Determinate and Indeterminate Sentencing Indeterminate sentencing used to be the rule in every state and for the federal courts as well. Share on Google Plus. Talk to a Lawyer. Start here to find criminal defense lawyers near you. Practice Area Please select How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.

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This also means that there are more people in prison. The US prison population, per capita, is one of the highest in the world. The State of California has even been ordered by the Supreme Court to reduce their state prison population. Determinate sentencing also has a cost. Tens of millions of dollars could be freed up if individualized sentencing across all crime would be instituted.

The problem with individualized sentencing is that bias can affect the process.


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An indeterminate sentence is a system in which every crime has a minimum and a maximum time to serve as punishment for the individual that committed that crime, and this will depend on the individual needs of the individual himself.

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Learn what constitutes indeterminate sentencing. Review the definition of indeterminate sentencing and learn about the pros and cons of this type of sentencing.

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Pros and Cons of Determinate and Indeterminate Sentencing Indeterminate sentencing used to be the rule in every state and for the federal courts as well. Crimes usually carried a maximum sentence, but judges were free to choose among various options—imprisonment, probation, and fines. This lesson will define determinate sentencing in our criminal justice system, state pros and cons associated with its use, and provide a brief explanation of alternatives.

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Indeterminate sentencing is when a convict is sentenced to a minimum and maximum sentence, with the maximum usually being life in cases typically getting this label. The Cons of Determinate Sentencing. The main issue with determinate sentencing is that there are no options available. Someone can make a legitimate mistake, not realize that something is against the law, and receive a long sentence because of it.