Sentencing Of A Jail Or Prison Sentence

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Determinate Sentence is a jail or prison sentence that you cannot change its definite. But offenders are allowed to be released after they have served their time. Determinate sentences were almost exclusively used throughout the eighteenth century and it was believed that judges were the best people to determine the amount of time needed to punish the offender and to deter them from further crimes. Judges were granted the power to determine sentencing also took much discretion away from the judges.
Determinate sentencing takes any question of bias out of the sentencing portion of a trial. The standard sentence is handed down, no matter who that person is or what race they are. Because there are no variables that change the sentencing
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Crimes usually carried a maximum sentence judges were free to choose among various options like imprisonment, probation, and fines.
Behind it is the hope that prison will rehabilitate some offenders and that different people respond differently to punishment. But it puts too much power into the hands of the parole board leading to arbitrary and discriminatory results. They charge that too often, minorities and prisoners without connections receive overly harsh decisions from parole boards while less deserving offenders are released early. Factors considered in granting parole to an offender with an indeterminate sentence include: Some facts about determinate sentencing are: aggravating or mitigating factors or circumstances relative to the crime of conviction.
The offender’s entire criminal history is all available information from the victim or the victim’s family, to include comment on the impact of the crime, concerns about the offender 's potential release, and requests for conditions if the offender is released. Participation in or refusal to participate in available programs or resources designed to assist an offender in reducing the risk of re-offense. The risk to public safety. Serious and repetitive disciplinary infractions during incarceration.
Evidence of an inmate 's continuing intent or propensity to engage in illegal activity. Statements or declarations by the offender that he/she intends to reoffend or does not intend to comply with conditions
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