What was problematic about the impact of this indeterminate sentencing?

What was problematic about the impact of this indeterminate sentencing?

There is, at least in theory, a careful and specific evaluation before the offender is released back to the community. The problem with indeterminate sentencing, according to its critics, is that it puts too much power into the hands of the parole board, leading to arbitrary and discriminatory results.

Is determinate or indeterminate sentencing better?

The key difference between determinate and indeterminate sentencing is that the determinate sentencing is a prison sentence that is definite and is not subject to review by a parole board whereas the indeterminate sentencing is a prison sentence that consists of a range of years, not a fixed amount of time.

What is the effectiveness of determinate sentencing?

The study found that determinate-sentenced inmates did feel they were treated more equitably in the sentencing process and were more certain of their release dates. This finding suggests that determinate sentencing also should positively affect inmates’ adjustment to prison.

What is the impact on judicial discretion of determinate sentences?

Determinate sentences A legislature fixes the terms for particular crimes, thus taking away the sentencing discretion of judges. Under determinate sentencing, the judge still makes the decision of whether or not the offender goes to prison, but the decision as to the length of sentence is taken away from the judge.

What are the cons of indeterminate sentencing?

The main problem with indeterminate sentencing is that it gives a parole board ultimate authority in determining the length of prisoner’s sentence (within the minimum-maximum range). The fear with this is than inmate can be subjected to discriminatory treatment by the parole board members, without any recourse.

Why indeterminate sentence law is mandatory?

The purpose of the law is to uplift and redeem valuable human material and prevent unnecessary and excessive deprivation of personal liberty and economic usefulness.

Is indeterminate sentencing ethical?

Although indeterminate sentencing is often considered morally problematic from a retributivist perspective, Michael O’Hear has provided an interesting attempt to reconcile indeterminate sentencing with the communicative version of retributivism developed by Antony Duff.

What is the main concept of determinate sentencing?

A determinate sentence is a jail or prison sentence that has a definite length and can’t be reviewed or changed by a parole board or any other agency. The judge has little discretion in sentencing and must follow the sentence guidelines determined by the law.

Why do some opponents of parole consider it to unhinge the scales of justice?

Why do some opponents of parole consider it to unhinge the scales of justice? Because offenders are released before they have completed their entire sentence. Parole is seen as misleading to those harmed by crime because it does not require offenders to complete their entire sentence behind bars.

What are the disadvantages of intermediate sanctions?

Cons of Intermediate Sanctions For instance, if an offender’s activity is electronically monitored, the offender could plan crimes, have accomplices visit them, and even commit crimes despite the monitoring. In addition, some claim intermediate sanctions do not work, and as a result, the offender will repeat the crime.

What are the pros of indeterminate sentencing?

The principle behind indeterminate sentences is the hope that prison will rehabilitate some prisoners; those who show the most progress will be paroled closer to the minimum term than those who do not.

What is the purpose of indeterminate sentence Law Philippines?

The Indeterminate Sentence Law is intended to favor the accused, particularly to shorten his term of imprisonment.

What are the pros and cons of determinate and indeterminate sentencing?

Pros and Cons of Determinate and Indeterminate Sentencing. Crimes usually carried a maximum sentence, but judges were free to choose among various options—imprisonment, probation, and fines. Parole boards decided on release dates. The principle behind indeterminate sentences is the hope that prison will rehabilitate some offenders,…

What is a “determinate sentence”?

Determinate sentencing takes any question of bias out of the sentencing portion of a trial. There is no question about whether a judge likes someone or not. The standard sentence is handed down, no matter who that person is, what race they are, or what religion they follow.

What are the costs of determinate sentencing?

Determinate sentencing also costs a lot, as the expense for housing a prisoner for one year is more than what is required for the average household. Millions of dollars can be saved by instituting individual sentencing for all crimes.

What are alternatives to determinate sentencing?

Alternatives to determinate sentencing offer a range of sentencing options to judges. These would allow a judge to use her discretion and apply the sentence as she sees fit to the crime and the offender within the guidelines outlined in criminal code.