CMRJ316 Week3 1

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American Military University *

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316

Subject

Law

Date

May 26, 2024

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docx

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2

Uploaded by eligold02

The indeterminate model and the determinate model are the two models that the United States criminal justice system uses when criminals face their sentencing phase in the courts. There are advantages and disadvantages to both models that affect not only the criminals that are to fulfill the path of both models but society as well. Indeterminate sentencing is where the sentence for a criminal offense is given a range (Zhang er al., 2014). This is when a minimum prison sentence is given but the release date is not specified. The specific release date is usually determined by the state parole board when it reviews the specific case. When an inmate serves their minimum sentence the parole board will review the case and determine if they are ready to be released at that time. If the board decides that the inmate is not ready to be released, they will remain in custody, and parole release is discretionary as determined by a future parole board meeting. The sentencing in the indeterminate model is formatted for the rehabilitation of the inmate through their positive actions that they show while incarcerated (Zhang et al., 2014). Determinate sentencing is a form of sentencing law, a judge imposes a sentence that has a specific term length. According to Zhang et al. (2014) the Determinate Model focuses on the seriousness of the crime, and not just using the time as rehabilitation, when determining a sentence. The length of the prison term cannot be changed by a parole board or the state’s Department of Corrections. Inmates can only be paroled through mandatory release. With this model mandatory release dates are automatically calculated and known to all parties (Zhang et al., 2014). Without discretionary parole release, offenders are then automatically released from prison after serving their imposed term, less any reductions through sentence reduction credits (King, 2015). I believe that the Indeterminate Model is more effective in terms of reducing recidivism rates. The Determinate Model uses the sentences as a deterrent, while the Indeterminate Model focuses on the rehabilitation of the inmates. Time served without any form of rehabilitation has very little effect on recidivism. One study suggests that time served in prison may exert mixed effects on recidivism, though more recent work suggests that the effect may be minimal (Mears et al., 2016). The effectiveness of rehabilitation leads to giving criminals the means to reintegrate back into society. This would mean that it not only lowers the rate of recidivism but also a lower incarceration rate down the line. Many re-offenders do so because of factors such as socioeconomic status, interpersonal issues, or the inability to find employment, helping to remedy these problems would likely lower recidivism (Mears et al., 2016).
MEARS, D. P., COCHRAN, J. C., BALES, W. D., & BHATI, A. S. (2016). RECIDIVISM AND TIME SERVED IN PRISON. The Journal of Criminal Law & Criminology , 106 (1), 83– 124. KING, R. (2015). Balancing the Goals of Determinate and Indeterminate Sentencing Systems. Federal Sentencing Reporter , 28 (2), 85–87. https://doi.org/10.1525/fsr.2015.28.2.85 Zhang, Y., Zhang, L., & Vaughn, M. S. (2014). Indeterminate and Determinate Sentencing Models: A State-Specific Analysis of Their Effects on Recidivism. Crime & Delinquency, 60(5), 693-715. https://doi-org.ezproxy2.apus.edu/10.1177/0011128709354047
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