Pros And Cons Of Indeterminate Sentencing

Determinate sentencing encompasses sentencing guidelines, mandatory minimum sentence, and enhanced sentences for certain crimes. The judge will take in consideration of the person charged and the details of the crime when he determines the sentence. The system has a mandatory minimum and enhanced statute that prevents the judge on his/her discretion for the terms of a sentencing of the person. These determinate sentencing statutes were put in place since 1980 to deter crime. The laws in most states dictated what crimes received what determinate sentence. The product of the determinate sentencing was form the war on drugs. These laws where to deter drugs by being harsh and hard on people who where committing the drug crimes. Then in 1990 the "three strikes-and-you're-out" law was used for anyone who was convicted of a third felony. The law had a term of 25 years to life for anyone convicted of a third felony crime. Determinate sentencing eliminates parole boards and credit for participation in rehabilitation

programs. Exact requirements vary by state. (National Assessment of Structured Sentencing. (n.d.).
The pro of a determinate sentencing removes any area of a bias in the handing down of the sentencing. The judge will hand down the sentencing no matter how he feels about the person because the law states the amount of time the person will receive for the crime. When the person who has committed the crime goes to trail he or she will know from the start what the outcome of the trail if they are found guilty. The pro to this would be that the person can see the end results of the charges they will have to serve if convicted. This serves as a deterrent if the person was to commit a crime for whatever the motive paying the price or not commit that crime then be a law abiding member of society. (Determinate Sentencing, 2016)
The cons of a determinate sentencing is when a person that commits a crime not thinking that the act was in violation of the law there is no option to fight the charge in court. The person would receive a long prison sentencing. The system is not bias so everyone who is charged no matter the crime will receive a determinate sentencing. This type of policy would and has created a large population in the prisons. The prisons are over populated because inmate are required to fulfill close to 90% of their sentencing, ("USLegal Home," 2016)
The first of two examples of determinate sentencing would be when a person is giving a sentencing of a single number of years. That person will be given time off of his/her sentence for good behavior. When he/she hits the number of years minus any time for received off, they are released. The person was given a sentence of 12 years, they earned 12 months off for good behavior, and you would be released after 11 years. The second example of determine sentencing is when a person is giving a sentencing of 12 years and has no good time earned that person will have to complete the entire time required in the prison
When we review the indeterminate sentence this is a sentence handed down or a crime with no given definite duration not like a range of time for an example “5 to 10 years.” This time will not have a release or a period of time. This sentencing is the opposite of determinate sentencing which has a fixed term or incarceration. When a person who is serving time for a indeterminate sentence it has a minimum and maximum time. The person will have to serve the time within the scope of the fines, probation, and prison sentencing. The parole boards will here review the persons prison record then make a determination weather that person is set for release. In the review of the case that person will be either flop for 5 more years in the system, or granted a release for good time served in the prison. Then there is the option because of some other form of situation as in overcrowding for the early release. (Indeterminate Sentencing, 2016)
The pros of indeterminate sentencing are in the rehabilitation of that person.

Everyone in the system has a different issue so the rehabilitation is set for each person’s needs and requirement to correct that issue for reintegration back into society. The reintegration into society depends on the actions of that person serving the indeterminate sentencing. When the parole board reviews the record the actions that person knows that an early release is based on that review. The prison system will use the process in the rehabilitation process to enforce good behavior while serving time. The entire person will know that everything in the process will be reviewed. The crime and how violent it was to the victim, everything counts, the criminal history and the prison record. The rehabilitation process to show that the person will and can be a reintegration into society without any further criminal behavior. (National Assessment of Structured Sentencing.

(n.d.).
The cons of indeterminate sentencing are that the parole board has a lot of power in their decisions which can be a discriminatory decision. The action is not as hard on no-minorities as it is on minorities. The criminal justice system has flaws as in manipulation. The person that sets in front of the parole board who knows how to use his manipulation skills can fool the board in granting him an early release. This action will then give him an opening to reenter society on the early release process way before he is rehabilitated.("USLegal Home," 2016)
The first of two examples of indeterminate sentencing is a range of years a person must serve in prison, like 5 to 12 years. When that person serves the minimum of 5 years, he/she will be granted a parole board review. The person going to the board is at the approval of the board weather an early release is granted. If the person is not granted parole then he/she must serve 5 more years before the next parole board. The second example would be that the person must serve the complete time of 12 years if the second parole board hearing is not granted.