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 sentencing models and sentencing options you can differentiate between judicial sentencing, administrative sentencing and legislative sentencing. These types of sentencing are primarily based on where the discretion, in regards to sentencing options, resides within the justice system.
In judicial sentencing, the judge has the primary influence and control over the sentencing of the offender. Using this type of sentencing the judge has a wide discretion in the range of sentencing that can be implemented. Under this type of sentencing the penal code would dictate a broad spectrum of useable sentences for any give crime, and the judge is allowed to decide what the precise punishment should be.
In administrative sentencing, the discretion is granted to the individuals in the executive branch of the government. These individuals would include prison officials, parole boards. With administrative sentencing prison officials can award offenders with consideration of good time related to their behavior during their incarceration. Additionally, parole board members can influence the sentencing buy granting the inmates early parole and releasing them from prison.
Lastly, is legislative sentencing. This form of sentencing gives discretion to the legislative branch of government. This form of sentencing currently dominates the sentencing styles throughout the states and in the federal government. In this type of sentencing, legislative bodies write penal codes with determinate sentences within them. The sentencing has none, or very little, availability for discretion by the judge or other involved parties. One example of this type of sentencing would be the three-strikes laws which requires judges to sentence three-time felony offenders to life or very lengthy prison sentences.
As the focus moves from one sentencing form to another the primary discretion of that governmental body, judicial, administrative or legislative, will have the primary responsibility for determining the appropriate sentences for convicted offenders.