...Sentencing Paper Darby Wilson CJA/234 November 7, 2014 Yolanda Johnson Once a person has either pleaded guilty or has been found guilty of a crime a judge must determine a sentence that they must receive. Sentencing is imposing a criminal sanction by a judicial authority. Each year there are thousands of criminals that appear before a judge or judges to be sentenced for their crimes committed. Sentencing descriptions are primarily for felony offenses, or those that are punishable by less than one year of incarceration. Mandatory minimum sentences, three strikes laws and sentencing guidelines frequently require specific sentences, with little consideration of personal factors regarding offenders, their crimes, and victims. The state and federal court system have similar and different objectives of punishment. The state and federal corrections system are affected as a system overall. There is a correlation between determinate and indeterminate sentencing when sentencing a criminal offender in the judicial process. What are the state and federal objectives of punishment? There are five major types of punishment. There are two types of deterrence: individual and general. Individual deterrence involves deterring someone that has already offended from reoffending. General deterrence is stopping those who would offend from offending because of the punishment that others are receiving. Retribution is the theory that...
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...As noted earlier, nonincarceration sentences include economic sanctions, probation, and intermediate sanctions; incarceration sentences include both short-term and long-term confinement. As described in the next two chapters, short sentences are sometimes linked with an intermediate sanction, so offenders spend part of their sentence in jail or prison and part of their sentence under supervision in the community. Finally, there are sentences of death. For sentences of incarceration, indeterminate and determinate sentences are the two primary models used throughout the United States, although there are many variations for each of these. Indeterminate sentences blend the decision by the sentencing judge and a later decision by a release authority to determine the actual time served. At the time of sentencing, judges sentence offenders to indeterminate sentences, with a minimum and maximum amount of time to be served (for example, two to five years or ten to twenty years). After serving the minimum term, offenders are eligible to be released and their cases are reviewed by a parole board. The parole board determines the release date any time between the minimum and maximum sentence. If a parole board never grants parole, the offender serves the maximum sentence and then must be released. The parole decision and postrelease supervision in the community are described in Chapter 6. indeterminate sentences sentences that have a minimum and maximum time to serve; a decision by a release...
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...deterrence, rehabilitation, compensation, and reform. The type of punishment for crimes has been debated by different leaders and law makers for centuries. The punishment for reform is intended to help the offender and society to change the wrongdoer a chance to contribute to society. The punishment for deterrence is intended to benefit society by preventing offenders that would-be from committing a crime. Punishment to extract compensation is intended to benefit the victim of the offender. Finally, retribution is the only object for punishment that is primarily intended to harm the offender. Individuals are sentenced to prison because they broke the rules and would have to serve their time. There are different sentencing guidelines for state and federal prisons. When a person has either pleaded guilty or has been found guilty of a crime, a judge has to decide a sentence that the offender must receive. Sentencing is imposing a criminal sanction by a judicial authority. Each year there are thousands of criminals that appear before a judge or judges to be sentenced for their crimes committed. Sentencing descriptions are primarily for felony offenses, or those that are punishable by less than one year of incarceration. Mandatory minimum sentences, three strikes laws and sentencing guidelines frequently require specific sentences, with little consideration of personal factors regarding offenders, their crimes, and victims. The state and federal court system...
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...offender who committed a crime will be punished for their wrongdoing. In fact, for many centuries, governments have found ways to remove and punish criminals with the purpose of protecting the citizens in this country. Many punishments in those centuries were cruel, violent, and humiliating for their offenders. Today, the state and federal prisons goals of punishment are equally important as any other form of punishment but they’re less violent. All punishments in the correctional system are created to prevent further crimes from happening again and ensure the offender to commit the same offenses multiple times. Some believe that certain punishments need to be significant enough to ensure that the offender will no longer want to break the law again. All punishments are enforced to help the community be protected from offenders. Not only are offenders being kept off the streets, they are also changing for the better and rehabilitating themselves to change their behaviors. In fact, the sole purpose of punishment within the state and federal corrections system is to deterrence, incapacitate, and rehabilitate criminals to reduce further crimes from occurring. Most importantly, punishments are helping offenders realize what harms they have done to the victims of their crimes and to the community as well. After being punished, most offenders have come to realize all the damages they have done and they understand that their actions affected many individuals. Punishing offenders by...
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...Most of the sentencing decisions are left to the judge, at least for the most part. In order to help guide a judge in a sentencing decision there are guidelines that come with the particular law that has been broken down which provides a sentence for the courts. Example, the state law that informs us of what is constitute as assault also tells us that assault comes with a sentence of three to ten years in state prison. There are some states that use a form of sentencing’s called “Determinate sentencing”, all this means is that the judge sentences the offenders to a specific time period, the judge doesn’t have any discretion when sentencing the offender, since the law already dictates for him the precise sentence for that crime. Most states use indeterminate sentence. In indeterminate sentencing, the offender’s sentences are looked upon as a range of time rather then a strict specific range of time. An example would be a sentence of three to ten years for assault; the sentence is not determined and can range depending on severity of the crime, conduct and other key factors. Indeterminate sentencing gives the judge a wide discretion when deciding and giving out a sentence, which is identified as a range of...
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...The Principal Objectives of Punishment Esther Sanchez CJ 230 09-20-14 Steve Nance Abstract These writing analysis will cover the state and federal objectives of punishment. It will also cover the state and federal corrections systems. And it would cover the determinate and indeterminate sentencing. It would also cover the model that I feel it was more appropriate and will have some examples. Principal objectives of punishment within the U.S. corrections system: Everyday many people attend court because of some criminal act they did. Everyday judges have to review all cases before deciding any sentence. The punishment of a felony is incarceration of a year or more. Misdemeanors are a little shorter, it can be incarceration of a year a less. For repetitive offenders they have something called three strikes law. The judges have many sentencing categories from where to choose. They have economic sanction where the individuals pay a fine or do community service to pay for the crime they committed. There is probation where they are let out to society but are supervised 24/7, which is what most of the judges give to first time offenders. There is also intermediate sanctions that are either imprisonment or probation, it might depend on the crime or the judge. Short term confinement which is a year or less in jail and then there is imprisonment which is a year or more...
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...found guilty of a crime a judge must determine a sentence that they must receive. Sentencing is imposing a criminal sanction by a judicial authority. Each year there are thousands of criminals that appear before a judge or judges to be sentenced for their crimes committed. Sentencing descriptions are primarily for felony offenses, or those that are punishable by less than one year of incarceration. Mandatory minimum sentences, three strikes laws and sentencing guidelines frequently require specific sentences, with little consideration of personal factors regarding offenders, their crimes, and victims. The state and federal court system have similar and different objectives of punishment. The state and federal corrections system are affected as a system overall. There is a correlation between determinate and indeterminate sentencing when sentencing a criminal offender in the judicial process. Indeterminate and determinate sentences are the two primary models used throughout the united states. Indeterminate sentences blend the decision by the sentencing judge and a later decision by a relesase authority to determine the actual time served. During the time of sentencing the judge sentences offenders to indeterminate sentences , with a minimum and maximum amount of time to be served. After the offender serves the minimum amount of time he or she is eligible for release by the parole board. The offender may serve the maximum sentence if the parole board does not grant an early release...
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...2) Explain the following: a) Indeterminate Sentencing Statutes b) Determinate Sentencing Guidelines c) Sentencing Guidelines 3) What is the effect of ex post facto law on determinate sentencing statutes, indeterminate sentencing statutes, and sentencing guidelines? Whitney Washington 1) The dark line is there to divide the Minnesota sentencing guidelines into two parts. On The left side it means that the sentence given will stay the same. The right side if the person receives the sentence then they will go to prison. But, the judge can go against the black line if he/she believes that it is substantial and compelling. 2) a) Indeterminate sentencing statutes is when a judge gives a sentence based on what the legislature has proposed. The judge can give a sentence but the parole board will decide on it. The parole board usually watches the inmate to see what their decision may be. For example if a person is sentenced to 4 years maxed and 16 parole, then when those 4 years come around the parole board will evaluate them by the 4 year. If the person has been doing a good job and following the prison guidelines they may be eligible for parole, but if they are not following the guidelines than the may have to do the max of the 16 years. b) Determinate sentencing guidelines is when the judge gives an offender a sentence based on ranges from what the legislature imposes. The judge is able to set the prison sentence without help from the parole board...
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...Sentencing Paper Tushar Vincent Botlero 12 March 2012 CJ/A-234 Melissa Andrewjeski Sentencing Paper Punishment has been a subject of deliberate among philosophers, political leaders, and lawyers for centuries. Various theories of punishment have been developed, each of which attempts to justify the practice in some form and to state its proper objectives. The quantity and severity of punishments were reduced, the prison system have been improved. According to the Montgomery County Correctional Facility, Maryland, some of the major reasons for punishment are to reform, deterrence, rehabilitation, compensation, and retribution. Punishment for reform is intended to benefit the offender and society by changing the offender into a contributor to society. Punishment as deterrence is intended to benefit society by discouraging would-be offenders. Punishment to extract compensation is intended to benefit the victim of the offender. Finally, retribution is the only object for punishment that is primarily intended to harm the offender. Individuals are in prison because they broke the rules and would have to serve their time. Some go to federal prison and some go to state prisons. It depends on the type of crime that a person commits because these prisons harbor different types of criminals they also have different guidelines to follow in terms to punishing the inmates. Criminal offenders who benefit from prevention services and are at risk of committing...
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...will define determinate and indeterminate sentencing; also give my opinion of which sentencing model do you feel is most appropriate. State and Federal Objectives of Punishment Punishment can be broke down into four fundamental objectives. These objectives are deterrence, retribution, rehabilitation, and incapacitation. The first is deterrence; this is where people are discouraged from committing crimes. This can be broken down into two subcategories; specific and general. Specific is aimed at offender do not want to commit a crime because of the punishment received the last time they were caught. General is where someone is made an example to prevent others from doing the same thing. An example would be the over publicizing of inmates that receive death sentences. The second is retribution; this means that they punishment needs to fit the crime. A judge will not sentence someone to five years for a traffic violation and give a convicted murder just a few days. Judges need to take into account the full impact the crime had on everyone. The next objective is rehabilitation or reform. This aims at changing the behavior that caused the individual to commit their crime in the hopes that they will not commit the offence again. Some examples of this would be community service and counseling. Some of the specialized courts concentrate on this objective. They require the offenders to complete mandated counseling and upon completion, the rest of their sentence is completed. The final and...
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...gender, or age, however I do believe it plays into victim characteristics. One statement I read in the book is the most ridiculous race baiting thing I have ever read. The book talks about federal sentencing guidelines and how critics say there is racial bias regarding sentencing over cocaine in the powder form and crack form. The book mentions that sentences are harsher for people caught with crack cocaine as opposed to those caught with powder. They say this is a racial because black people are more likely to be caught with crack cocaine as opposed with powder cocaine. This is one of the problems with our country, anytime somebody is caught, they bring race...
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...federal prison, for almost every other crime the offender goes to a state prison. A prison-- whether it be state or federal, main objectives is preventing and controlling criminal behavior and acts. There are seven usual punishments depending on the judge’s and/or the jury’s decision at trial (Hamilton, 2014). The minimum sentences like Intensive supervision such as: parole, house arrest, probation, etc., Rehabilitation such as: counseling, drug rehab, restitution, community service, fines, etc. On the contrary, more sever punishments include: capital punishment and incarceration. This type of sentencing is imposed as a criminal sanction by a judicial authority. Mandatory minimums, such as: the three strikes laws and sentencing guidelines require specific sentences. It is done with little consideration of personal factors as it pertains to offenders, their crimes, and victims, because the state and federal court systems have many similar and different objectives of how punishment is administered. There is a correlation between determinate and indeterminate sentencing in the judicial process when sentencing an offender. Indeterminate and determinate sentences are the two primary models used throughout the United States. The difference between...
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...The policies during this time show how the public and politicians were supportive of indeterminate sentences and believed in rehabilitation and reintegration. These political and societal beliefs are exactly what came to an end in the 90s due to Polly’s murder and other similar crimes. In the 70s the focus was on rehabilitation and the idea that inmates can reintegrate back into society without detrimental effects. After numerous cases in which serial offenders were paroled early from prison and quickly re-offended the socio-political milieu shifted from one of rehabilitation to one of retribution. The ideas of how to sentence and punish criminals completely flipped from the time of Gacy’s crime to the time when Davis shocked the world by kidnapping...
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...Model of criminal sentencing and identify models in use today A model of criminal sentencing could be defined as a method used to sentence and punish those that have been convicted of violating a criminal statute. In presenting Schmalleger and Smykla’s material, Pittaro (2017), states that the two primary Models of Sentencing used in the United States today are Indeterminate Sentencing and Determinate Sentencing. He also informed of a 3rd model, in his video lecture summary, Mandatory Sentencing. In indeterminate sentencing, the judge specifies the maximum and minimum length within limits set by legal statute. The parole board determines the actual time of release. In these cases, the legal sentence is the maximum imposed and not the minimum (Pittaro, 2017)....
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...Unit #1, Question #2: Differentiate between judicial, administrative and legislative forms of sentencing. To differentiate between judicial sentencing, administrative sentencing and legislative sentencing we must first understand the different types of sentencing models and sentencing options that are available. The two primarily used sentencing models are indeterminate sentencing and determinate sentencing. In indeterminate sentencing, judges have a wide range of discretion when it comes to sentencing subjects for the crimes they have been convicted of. Commonly, judges would sentence a subject with a minimum and maximum amount of time to be imprisoned (for example 5 to 10 years). After the subject was incarcerated and had served the minimum number is years in the sentence, a parole board would review the inmate’s records and could decide to release them at that time or keep the subject incarcerated. In determinate sentencing, the offender is sentenced to a fixed amount of time (for example 5 years). The offender would then serve the total 5 years prior to being released. In this type of sentencing there is no review of the inmates records and no release by the parole board. Within those two types of sentencing models are six types of sentencing options that judge’s typically use. The sentencing options are; economic sanctions, probation, intermediate sanctions, short-term confinement, imprisonment and capital punishment. After having an understanding of the basic...
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