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Sentencing Paper

1248 words - 5 pages

Sentencing Paper
Ruben Varela
CJA/234
08/11/2014


Introduction
In this paper I will go over the state and federal objectives of punishment. Also I will discus how does sentencing affect the state and federal corrections systems. I 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 ...view middle of the document...

 41).

Sentencing Affect the State and Federal Corrections Systems

With the amount of criminals entering both state and federal correction system it is no wonder we have an over crowding situation in our jail and prison systems. There are 6 different types of sentences that a judge can place on a person found guilty of a crime. Economic sanctions: a requirement that an offender pay a fine or restitution
to the victim as a part of his or her sentence, or do community service. Then there is Probation: a prison sentence that is suspended on the condition that the offender is supervised in the community, follows certain prescribed rules, and commits no further crimes. Intermediate sanctions: midrange dispositions that fall between probation and imprisonment. Short-term confinement: a sentence in a jail for one year or less. This sentence is usual for non-violent misdemeanor offenders; the sentence is usually done in local jails. Imprisonment: a sentence in a prison for one year or more to a life sentence. Capital punishment: for the most serious crimes, most states and the federal government provide for the death penalty (Seiter, 2011, p. 52). With these types of sentencing you see why there can be more inmates placed in local under funded and staffed local facility’s for a short time due to the amount of less violent misdemeanor types of crimes we see on the rise in America. And I am sure you are asking why do I say this. Its because no matter what both violent and non-violent offender are still being placed in local jails for pre trail and trial periods. You add this to the inmates that are there for one year or less sentencing and you get prison over crowding.

Determinate and Indeterminate Sentencing

What is determinant and indeterminate sentencing? According to Cornell Universitys "Legal Information Institute" (n.d.), " DETERMINATE SENTENCE A jail or prison sentence that is definite and not subject to review by a parole board or other agency. For example, a sentence of six months in the county jail is determinate, because the prisoner will spend no more than six months (para. 1). In contrast you can define indeterminate sentencing being defined as reviewable by a parole board. An example would be giving a sentence of 20 years to life in a institution. This means once the minimum sentence of 20 years is reached that individual is eligible for review of parole.
Sentencing Model’s
Along with determinant and indeterminate sentencing other forms of sentencing models are mandatory minimum sentence, three strikes law and creative sentencing. Lets go over what they are and how they affect the...

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