Pros and cons of indeterminate determinate mandatory sentencing

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Pros and cons of indeterminate determinate mandatory sentencing

In this article, we will look at the pros and cons of determinate sentencing, and learn how it affects the justice system.

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Pros and cons of indeterminate determinate mandatory sentencing

Inthe Supreme Court invalidated certain state and federal determinate sentencing schemes of the California State, as they were found to be violating the Sixth Amendment of the Constitution by increasing or decreasing the term of the sentence without being subject to the decision of a jury.

Determinate Sentencing Determinate sentencing can be defined as a jail or prison sentence that is definite, and not subject to review by a parole board or other agency. In such cases, the judge has very little discretionary powers to influence the penalty.

Such sentences usually accompany crimes such as drug offenses. However, they may also be used in instances of the three strike law; for example, when giving a life sentence to person being accused for a third felony conviction.

Another good example of determinate sentencing is a prison sentence of 6 months, where the prisoner will not be in jail for more than the specified time. On the other hand, a year to life sentence is considered as indeterminate, because the release date is decided by being reviewed by a parole board.

There are some advantages and disadvantages of determinate sentencing, that will help you understand the practice better, and see how it affects the working of the justice system.

In these cases, it is the prosecutor who decides whether to seek a determinate sentence, by filing a petition with a grand jury.


If the petition is not approved, the prosecution would then be indeterminate. If the petition is approved, the prosecutor can negotiate a plea in exchange for changing the determinate sentence into an indeterminate one.

The juvenile can choose between the judge and the jury to decide a determinate punishment. Those juveniles who have been adjudicated, can be sentenced to probation for up to 10 years. If the juvenile crosses over to adulthood in this time period, the juvenile court judge will decide whether to transfer the case to an adult criminal court, or to terminate the probation.

If a transfer is made, the adult probation department will conduct the supervision for the remainder of the term. Advantages The primary advantage of determinate sentencing is that, it removes any possibility of bias during the sentencing portion of the trial, regardless of whether the judge likes a person or not.

So, a predetermined standard sentence is given out, no matter what the identity, race, or religion of the accused is. There are no factors which can influence the guidelines of the sentencing of conviction.

This means that, the defendant going to trial knows about the exact consequences of pleading or being found guilty.

Indeterminate Sentencing - Definition, Examples, Cases, Processes

This saves the time of the court. Since the consequences of these crimes are common knowledge, a person thinking about committing a crime can weigh the results of such illegal actions. This can act as a deterrent, i.To allow victims of the crime the opportunity to personally describe the impact of the crime.

To allow victims to retaliate against an offender. Pros and Cons of Sentencing Guidelines and Mandatory Minimum Sentences; The intent was to provide determinate sentencing.

Pros and cons of indeterminate determinate mandatory sentencing

Determinate sentencing is a fixed period of incarceration without the possibility of parole, but time served can be reduced by accumulating good time. The most famous example of mandatory sentencing is the ‘three.

is and in to a was not you i of it the be he his but for are this that by on at they with which she or from had we will have an what been one if would who has her. An indeterminate sentence is the opposite of a determinate sentence, which assigns a fixed prison term to an individual convicted of a crime.

Pros and Cons of indeterminate Sentencing. Another way of saying “determinate sentence,” a mandatory sentence prohibits a judge from deciding on his own punishment to fit the crime. This is. Cons of Determinate Sentencing.

As with any public policy, there are always unintended consequences.

Pros and Cons of Determinate Sentencing - Vision Launch

For persons convicted of a crime that has a determinate sentence proscribed to it, the judge has little, if any, discretion to consider mitigating circumstances, or circumstances that may lessen the culpability, or blameworthiness, of a defendant. 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.

List of Pros of Indeterminate Sentencing.

Pros and Cons of Determinate Sentencing