- Published: September 13, 2022
- Updated: September 13, 2022
- University / College: The University of Arizona
- Language: English
- Downloads: 24
DEFINING DETERMINATE SENTENCING
Determinate sentencing is a when one is incarcerated for a definite length of time, i. e. five years or more. The jail time is fixed and cannot be altered by any parole board or agency. An example is when one is entitled to jail time of one-year. The prisoner will serve in the prison walls for one whole year. If the prisoner behaves well, he or she is given sometimes off as a token of appreciation. The maximum time for a determinate sentence is four years. Above that it becomes an indeterminate sentence.
Judges are responsible for determining the period the prisoner will serve in prison. However, certain specific guidelines give judges the mandatory to consider the circumstance of the individual in question. For a sentence below one year, the prisoner is usually released after serving his or her jail term. However, they are not entitled to any obligations while still behind bars. In case they commit any crime while still serving their term, they are entitled to newly imposed sentence (DeShazer, 2007).
For sentences that are meant to last more than one year, a prisoner is supposed to serve half of his jail term behind bars and the other half in community service but on license. The license dictates that; the offender work under supervision. It also includes conditions that the offender must comply to. In the case, the prisoner breaches the terms stated in the license, they are punished by termination of their community service. They then continue serving the rest of their terms behind bars (Griset, 2005).
Prisoners who are jailed for a period between three months and four years are given the privilege of choosing to either stay behind bars or released on home detention curfew. The privilege also allows one to be set free one hundred and thirty five days earlier. However, this little freedom does not come without a price to pay. They are subjected to an electronic tag, especially on their legs or arms and are also under curfew detentions. If a prisoner breaches the terms of the contract, they are obliged to be jailed behind bars. However, sex offenders and violent prisoners are not entitled to the privileged (Vasquez, 2008).
In conclusion, we see that the determinate sentencing includes being jailed for s specific period, usually not more than four years. The jail terms have some terms and conditions, which differs with the different terms of service. The judges also consider the person circumstances, so as to give a fair and just jail term.
Reference
DeShazer, S. (2007). Determinant sentencing: its effect on recidivism and general deterrence North Atlantic, USA: John Wileys and sons.
Griset, P. L. (2005). Determinate sentencing the promise and the reality of retributive justice Albany: the State University of New York Press.
Vasquez, R. (2008). Poetic justice as a determinant of perceptions of the sentencing equity. New York: oxford.