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Criticism of indeterminate sentencing

criticism of indeterminate sentencing (In California, for example, offenders were routinely given "day-to-life" prison sentences with release dates tied to such vague rehabilitative criteria as "attitude"). PRISON L. He offered proposals to lawmakers for legislation about the purposes and procedures of criticism of the indeterminate sentence as allowing for a period of incarceration that may extend beyond a determinate sentence designed to fit the crime is met by noting that the average length of stay in patuxent is 4 years, with residents being most often released sooner than they would have been under a determinate sentence for the same crime. "5 to life") with the Board of Pardons later determining the exact term to be served. ly/2NG61CzSearch and Seizure (Stop and Frisk Law):http://bit. org Some criticisms of indeterminate sentencing are disparities, bias and stereotypes, inadequate implementation, deserved punishments, public sentiment, and treatment effectiveness. The main concerns about IPPs were that: • Some less serious offenders were given very short tariffs but then have been kept in prison for a long time after these have expired • The prison and parole systems could not cope with the need to give all these Indeterminate sentencing simply means that the amount of time a convicted criminal will actually serve is decided not by the legislature when it enacts the criminal statute, nor even by the See full list on fullfact. BAR COMM. g. Currently, a court is required to sentence certain sex offenders to an indeterminate sentence that is a maximum of the sex offender's life. Determinate sentencing can take • What were some of the major criticisms that led some states to abandon the indeterminate sentence and parole? • Do you support abolition of indeterminate sentence and parole? Why or why not? Please be sure to support your position. Correctional authorities 3nd parole board members were supposed to decide the actual release date for inmates based--in part--an their rehabilitative progress. long, indeterminate sentences for certain high-level sex offenders. Physical Address. The common criticisms which had been cast against these Determinate sentencing occurs when a judge must sentence a convicted offender to a standard sentence that is dictated by the law. 4317 6th Ave. Criminal sentencing can take different forms such as fines, community service, jail time, or fines. For example, indeterminate sentencing can potentially lead to sentences that are both discriminatory and illogical. Yet recent sentencing reform legislation legitimated by this criticism has taken on a con servative character. 85 (1975) [VOL. In contrast to determinate sentence, indeterminate sentence reviews the conditions of the crime including criminal history and possible of reoffending (Indeterminate Sentencing Pros and Cons, 2015). Which sentencing strategy resulted from criticism at both ends of the political spectrum? a. Am. An example of a mandatory sentencing law is the: One major criticism of determinate sentencing is: there is no parole board discretion in New York and Texas were considered indeterminate-sentencing states prior to 1994; however, the 1996 National Survey of State Sentencing suggests that all of these states had additional mandatory sentencing policies (Bureau of Justice Assistance, 1998). initiatives relating to sentencing, focusing on the provisions of the 2003 Act, in particular: • the impact of introducing risk-based sentencing in the form of indeterminate Sentences of Imprisonment for Public Protection; • the attempt to establish the community sentence as a credible sentence which can In recent years, as the indeterminate sentence and its rehabilitative ideal was replaced by the determinate sentencing and the punishment ideology, the PSI has undergone major transformations. Indeterminate Sentences. 4 Criticism of indeterminate sentences also was increasing. ” Most states used indeterminate sentencing until the late 1970s, when some began to move toward more determinate sentences. Proponents of indeterminate sentencing also argue that it reduces repeat offenses since it holds an offender until officials are convinced there's minimal chance of further criminal behavior A system of indeterminate sentencing inherently reduced the rates of recidivism, or recommitting of crimes, since indeterminate sentencing holds an inmate until the officials are convinced that there is no or minimal risk of the person committing a criminal offense. An indeterminate sentence is an indefinite sentence of imprisonment, within a specified range (e. The former is a prison sentence that has a minimum sentence but there is no assurance of the exact time the prisoner will be released. 1973) [hereinafter cited as RUBiN]; Dershowitz, Indeterminate Confinement: Letting the Therapy Fit the Harm, 123 U. The system runs on the individual’s good behaviorial in order to obtain early release. L. Presumptive Sentencing Guidelines. Review of Indeterminate Sentences for Public Protection (IPPs) – Equality Impact Assessment . This development is documented here, and explained in terms of political and social change over the past decade. California used to have indeterminate sentencing, but dropped it in favor of determinate sentencing for most crimes sometime in the 1970s. Transcript, supra note 5. 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. The Ministry of Justice tabled Government amendments at the Commons Report stage of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Bill to abolish IPPs and to take forward provisions to reform how the criminal justice system (1983) (stating that adoption of determinate sentencing in response to perceptions that indeterminate sentencing has resulted in abuse of discretion and disparate sentences is more than reform of sentencing structure because it also "entails a rejection of rehabili-tation in favor of other justifications for the criminal sanction"). Indeterminate sentencing is criticized for allowing too much control to members of the parole board and leading to inequitable results due to the subjectivity. PROC. Question 8 2. 2. Determinate sentencing Indeterminate &Structured Sentencing To me Indeterminate Sentencing is a very degraded and/or very disturbed type of sentencing. Second, indeterminate sentencing allowed for the uneven application of criminal punishments for similar offenses and similar offenders. This most often comes with drug convictions, but there are other examples that are on the books, such as the three strikes laws that require a life sentence on someone’s third specific felony conviction. Thus, instead of sentencing a person to a minimum and maximum sentence (eg. Question 9 2. 9 months. This type of system puts too much power in the parole board, and that can lead do 2. Mandatory sentencing 3. com An indeterminate sentence is a sentence imposed for a crime that isn't given a definite duration. Introduction . Nevertheless, most States retain indeterminate sentencing structures while indicating interest in adopting such reforms. Crim. The criminal justice community has yet to develop a clear consensus on the Some criticisms of indeterminate sentencing are disparities, bias and stereotypes, inadequate implementation, deserved punishments, public sentiment, and treatment effectiveness. Whereas parole is the "[s]upervised release from prison before an inmate serves a full sentence is called parole. COMM. In response to criticism of the indeterminate sentence, states developed a variety of determinate sentencing proposals requiring that the offender receive a specific sentence, but giving more discretion to the judge. ly/2 It did not allow for indeterminate sentencing. implementation of determinate sentencing in wisconsin remains problematic. 5 In addition, mandatory penalties were changing the composition of the incarcerated population by substantially increasing the number of incarcerated low-level drug offenders. Determinate sentencing c. Moreover, this type of sentence is dangerous in that the normal safeguards of due process, publicity and the right to appeal, The open-ended sentences (today known as indeterminate sentencing) allowed the administration to ensure that when finally released, an offender’s behavior had been successfully reformed. , changes such as replacing indeterminate sentencing with determinate sentencing). Indeterminate sentencing is a set period of years, often plus life. 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. Advocates argue the sentencing provides incentives for prisoners to participate in rehabilitation and allows authorities the opportunity to release an individual to society once deal of criticism during the mid-1970s. The Guidelines-promulgated in response to criticisms of indeterminate sentences and seemingly inexplicable disparities in sentences for like crimes-were meant to guide judges and to educate the public about factors that could either increase or decrease sentences. In the United States’ justice system, there are two types of sentencing: indeterminate and determinate. 17 EST Sentences imposed by the court Based on the assumptions of indeterminate sentences and rehabilitative programs, which of the following types of release is designed to allow the parole board to release inmates to conditional supervision in the community when they are deemed ready to live as law-abiding citizens? criticisms of the rehabilitative ideal, many States have replaced indeterminate sentencing with structured sentencing schemes such as determinate sentenc-ing, mandatory minimum penalties, and sentencing guidelines. Indeterminate sentencing b. While sentencing prior to the Sentencing Reform Act of 1984 (SRA) 18 U. ” Id. Indeterminate sentence, in law, term of imprisonment with no definite duration within a prescribed maximum. ENG. There are some problems with the indeterminate sentencing model. The Indeterminate Sentence Law By the time California adopted indeterminate sentencing in 1917,9 the system was by no means a novelty. Eventually, Maconochie was removed from his position under criticism that his program “coddled” criminals. Mike Foote (D-Lafayette) said critics of indeterminate sentencing have overstated the problem. a boy had been sent to a state training school at the age of 12 for stealing $112 from a woman's purse. All itsprem-ises and assumptions about rehabilitation, individualization, and broad discretion were challenged. indeterminate. Under the original 1984 Young Offenders Act, the maximum sentence for crimes that would incur a life sentence if committed by an adult was three years; It raised the minimum age for charging a child from seven to 12; innovations as the "indeterminate" sentence, prison classification systems, the special sentencing procedures for young offenders, the juvenile court, and pre-sentence investigations. The focus of reform efforts was the indeterminate sentence, in which an offender received a minimum and maximum sentence and the parole board determined the date of release. parole authority was intended to serve, as the Indeterminate sentencing is based on the premise that in the face of good conduct and evidence. Determinate Sentencing Laws. The System Can Be Manipulated. criticism of the use of competing experts in the Hinckley trial led to additional rules restricting. THE END OF THE INDETERMINATE SENTENCE LAW A. These sentences can be of different types that have a profound effect on both the administration of criminal justice and the life of the convicted offender. Both defenders were fined 200,000 PHP (about 3,585 EUR) for moral damages and another 200,000 PHP for exemplary damages. As earlier mentioned, indeterminate sentence causes overcrowding in prisons which may easily result into disease outbreaks in the prison; this is a punishment to human healthy rather than a way of rectifying their behavior. 5 / 2. A Pro of Indeterminate Sentencing if that it allows for discretion to adjust the length of the sentence to fit the individual circumstances (CJ 2010 Textbook Pg. innovations as the "indeterminate" sentence, prison classification systems, the special sentencing procedures for young offenders, the juvenile court, and pre-sentence investigations. An indeterminate sentence is the opposite of a determinate sentence , which assigns a fixed prison term to an individual convicted of a crime. And it is no way to run a justice system either Thu 17 Nov 2016 14. 139). In the aggregate, the philosophy of individualization, along with the devices and procedures used to implement it, are often character- assessed the relationship between length of time in prison and recidivism, and found that longer prison sentences were associated with a three percent increase in recidivism. Concerns about disparity and discrimination in sentencing led to a ‘‘remarkable burst of reform’’ (Walker, p. , ASSEM. Parole requires enormous expenses due to incompetence and corruption within the system. In addition, first-time and juvenile offenders are kept out of the prison environment, a place that can make hardened criminals out of vulnerable inmates. §§ 3551 et seq. Determinate sentencing considers the good behavior of the inmate, thus reducing the sentence by as much as 50 percent. Sentencing disparity is one criticism of indeterminate sentences; however, proponents believe it motivates offenders to participate in rehabilitation and allows officials authority to release offenders when judged rehabilitated. A Con is that it can result in intentional and unintentional discrimination sentences from judge to judge that may vary so much as to appear as unfair (CJ 2010 Textbook Pg. Which is that there should be indeterminate sentence and cases should be reviewed from time to time and release ordered on the basis of progress achieved by the offender. This organisation is responsible for: The release of certain prisoners, including approving licence In a retroactive application of the Cybercrime Prevention Act of 2012, Ms. Nietzsche concisely argued against Kant's noumenon in his On Truth and Lies Sentencing in the Criminal Justice System Interim Study Committee. " It is the opposite of determinate sentencing, in which a fixed term or incarceration is imposed. JUSTICE, REP. ” Generally, state sentencing systems are charac-terized as “indeterminate” or “determinate. In the aggregate, the philosophy of individualization, along with the devices and procedures used to implement it, are often character- compared to the usual indeterminate sentencing system, are meant to provide more direction to judges at the front-end and diminish the role of parole boards at the back-end. At international level, the matter of indeterminate sentences came up before Cincinnati Conference 1870 and it was concluded that instead of pre-emptory sentences there should Zebulon Brockway was one of the more successful and controversial figures in prison reform during the 1800s. The primary purpose of determinate sentencing is not to rehabilitate, but to impose a predetermined range of fixed sentences. As a disincentive for misbehavior in prison, SB2 had what was called “bad time”. While advocating a program designed to educate and reform prisoners rather than punish them, his sometimes unorthodox and brutal administrative style ultimately brought an end to a 50-year career full of innovation. It could only be imposed for behavior that would be a crime outside Indeterminate sentencing is a set period of years, often plus life. proaches towards sentencing practices have fallen into three broad categories: prescriptive guidelines, which have the force of law, "voluntary" guidelines, and indeterminate sentencing, which al-lows for the greatest judicial discretion. Criticism of the indeterminate sentence maintains that it: keeps them in prison too long for treatment. 21 Growing dissatisfaction with the disparity and uncertainty of indeterminate sentencing In recent years, as the indeterminate sentence and its rehabilitative ideal was replaced by determinate sentencing and the punishment ideology, the PSI has undergone major transformations. The primary purpose of determinate sentencing is not to rehabilitate, but to impose a predetermined range of fixed sentences. ON CRIM. 7 But of course Judge Frankel did not publish a mere diatribe. For a criticism and definition of indeterminate sentences, see S. The most significant criticism is sentencing inequality; two offenders who committed similar crimes could receive vastly different sentences from different judges. '° Critics perceived two primary flaws in the system. fenders’ penalties, or “sentences,” and the amount of time they serve in prison, or “time served. The main disadvantage is that the suspect is sent to prison with no clear idea of how long he or she will stay there. One was the glaring disparity in the lengths of of-fenders' prison sentences, which stemmed from the broad discretion vested in sentencing courts. A habitual offender, repeat offender, or career criminal is a person convicted of a new crime who was previously convicted of crimes. recognized the variety of sentencing structures throughout the states and acknowledged that the federal requirements for grants could not require states to make dramatic changes to their sentencing practices in order to qualify for federal grant dollars (e. 5 / 2. The indeterminate sentence allowed . The primary purpose of determinate sentencing is not to rehabilitate, but to impose a predetermined range of fixed sentences. Criticism of indeterminate sentencing was initially advanced as part of a larger radical program to transform American society. ; see also Thomas B. Indeterminate Sentencing Individuals receiving a indeterminate sentence (where the sentencing court establishes a minimum and maximum term of imprisonment), appear before the Board of Parole for discretionary release consideration. C. To purchase a legal video, click on a link: The Life of a Case in Criminal Court:http://bit. fenders’ penalties, or “sentences,” and the amount of time they serve in prison, or “time served. Criticisms of the sentence . Maria Ressa and Mr. These commissions proposed sentencing formulas based on a variety of factors, but the two For example, an indeterminate sentence specifies a range, such as “5 to 10 years,” or “15 years to life,” instead of sentencing someone to a set number of years in prison. 42 The difference between determinate sentencing and indeterminate sentencing lies in whether the court has any flexibility in assigning a sentence. The process of affording concessions of the sentences to defendants who help the government is rooted in the American legal system, even though the drug mandatory minimums driven by quantity are distinctively problematic. Moreover, determinate sentencing is often seen as a tougher system because of its mandatory prison time. prison is not very appropriate punishment in that their sense of justice would be better satisified if the perpetrators of crimes somehow had to recompense the victim or society. , was far from perfect, criticism of the federal sentencing guideline regime has come from all corners of the legal profession, including the judiciary and academia. 7. 20 The most frequent criticism of this broad grant of discretion was that it led to disparate treatment for similarly situated individuals, a conclusion that was bolstered by a number of studies. "In 1970, the case was appealed to the Supreme Court, which determined that the preponderance of evidence standard is not sufficient for a decision on cases where the The determinate sentencing reform that shifted penal practices towards mandatory minimum sentences was a response to the widespread criticism of the vast discrepancies in sentencing under the previous indeterminate model of sentencing and a call for a more just system characterized by consistency and fairness (Frankel, 1972). The Ohio Parole Board, upon recommendation of the prison’s warden, could add bad time to a prisoner’s sentence. the intervening years, indeterminate sentencing imploded. The former is a prison sentence that has a minimum sentence but there is no assurance of the exact time the prisoner will be released. See full list on opinionfront. g. The other major drawback was the uncer- This indeterminate system or Irish system, as it came to be known, permitted convicts to earn marks to move from solitary confinement to a return to the community on a conditional pardon or ticket-of-leave. Conversely, however, critics of indeterminate sentencing believe that such a structure gives the parole board too much power. In other words, the release date is open-ended. third, the identities of individual judges were associated with variations in sentence length, supporting criticisms of indeterminate sentencing. Eligibility for parole is determined by the parole authority. The actual release date will be determined The never-ending story: Indeterminate sentencing and the prison regime • The Imprisonment for Public Protection sentence (IPP) was poorly planned and implemented and resulted in unjust punishments, particularly for those sentenced prior to 2008. Under indeterminate sentencing, legislatures establish very broad policies by creating statements of purpose, by establishing maximum sentences (often without corresponding The determinate sentencing reform that shifted penal practices towards mandatory minimum sentences was a response to the widespread criticism of the vast discrepancies in sentencing under the previous indeterminate model of sentencing and a call for a more just system characterized by consistency and fairness (Frankel, 1972). . ST. Which sentencing strategy resulted from criticism at both ends of the political spectrum? a. Second, it replaced indeterminate sentencing with determinate sentencing. So (and I am making up these examples), a thief could get a prison sentence of 2-10 years on a felony. The lack of structure and the potential for discrimination led many states to abandon indeterminate sentencing. 2 One such factor is mental disability. 2 See generally Jeremy Travis & Sarah Lawrence, Beyond the Prison Gates: The State of Parole in America (2002). Ms. 61 JUDICATURE 58 (1977) (definite sentencing will have no effect on sentence length, cer-tainty of punishment, or crime control, but will be symbolically valuable as open and fair); see also Cei, The Indeterminate Sentence at the Crossroads, 3 N. In this respect, an indeterminate sentence differs from a definite one in that statutes prescribing the latter usually provide Sentencing disparity is one criticism of indeterminate sentences; however, proponents believe it motivates offenders to participate in rehabilitation and allows officials authority to release offenders when judged rehabilitated. In the 1980s, state legislatures and Congress, responding to criticism that wide judicial discretion resulted in great sentence disparities, adopted sentencing guidelines drafted by legislatively-established commissions. The parole system determines which prisoners, who have been sentenced to indeterminate and certain determinate sentences, can be released early subject to certain conditions. 6 When a guilty criminal is incarcerated, he or she is given a jail sentence that needs to be served. To place the term of actual imprisonment subject to the will, caprice, judgment or whim of either a prison board or a parole board, is'problematical. , five to 10 years), the court would sentence the offender to a definite term, eg. In this sentencing a legislature is the one who has say as to what the terms will be for the crime that has been committed and a judge gets the decision as to what the sentence will be for the offender. Furthermore, determinate sentencing includes sentencing guidelines, mandatory minimum sentences, and enhanced sentences for certain crimes. ” Generally, state sentencing systems are charac-terized as “indeterminate” or “determinate. An “indeterminate” prison sentence is one for which an offender’s date of release cannot be predicted with fair accuracy from the court’s sentence at the conclusion of a criminal trial. 5 points Institutional parole officers may: prepare reports for the parole board. Still, a majority of the States still have sentencing and corrections systems that can fairly be described as indeterminate. 2000 . See, e. Judge Frankel advocated reform. Prison space for violent criminals is freed up by keeping nonviolent and first-time offenders in the community. Business Mail Address. What is the basis of criticism of the indeterminate sentence by those on the right of the political spectrum? To create paragraphs in your essay response, type <p> at the beginning of the paragraph, and </p> at the end. The move to determinate sentencing systems was spurred by two opposed political forces. An indeterminate sentence consists of a range of years such as one to five years or 20 years to life. 3 . under court order or facing court order to reduce prison crowding. Between about 1876 and 1922, forty- In recent years, as the indeterminate sentence and its rehabilitative ideal was replaced by the determinate sentencing and the punishment ideology, the PSI has undergone major transformations. Too Much Power on Parole Boards. which required the court to impose an indeterminate sentence of imprisonment and empowered the parole commission to determine how much of the sentence an offender actually would serve in prison. Sentencing Vs Rehabilitation. 112) that began in the mid1970s and continues today. Judge Marvin Frankel’s Criminal Sen-tences—Law without Order (1973) referred to indeterminate sentencing as “lawless” because of the absence of standards for sentencing A second criticism of the indeterminate sentence is that it is an inroad into the court's discretion in that the actual length of sentence is determined, not by the court, but by the training institution. Although federal sentencing guidelines were created by Congress through passing the Sentencing Reform Act of 1984 (“SRA”) with the idea of having more fair and consistent sentencing by judges, there is still harsh criticism for both the guidelines themselves and the results generated from the utilization of the guidelines. Rather, the amount of time served wide discretion granted to federal judges in imposing sentences. Determinate sentencing is not as common as indeterminate sentencing. SE Olympia, WA 98503-1019. The potential for discrimination is much too high and even in determinate sentencing states, discrimination can still occur but it is lessened. Zebulon Brockway, a Michigan penologist, is usually credited with initiating indeterminate sentences and parole release in the United The Uniform Determinate Sentencing Act of 1976 was a bill signed into law by Governor Jerry Brown to changes sentencing requirements in the California Penal Code. PO Box 40907 Olympia, WA 98504-0907 Relevant criticism of Kant's original formulation of the "thing in itself" can be found in the works of Friedrich Wilhelm Nietzsche, who argued against what he held to be the indeterminate nature of such concepts as the Platonic idea, the subject, the Kantian noumenon, the opposition of "appearance" to "reality", etc. g. Criminal sentencing occurs when a person is sentenced for some kind of criminal activity. Structured sentencing d. second, the district attorney's recommendation was found to have the greatest effect on the decision as to sentence type. & Criminology 9, 20–40 (1925). In response to criticisms of the 100-to-1 ratio, trating instead on practical analysis and criticism. Still, a majority of the States still have sentencing and corrections systems that can fairly be described as indeterminate. The outcome is that reductions in sentencing go to serious criminals instead of small scale inferiors. Inst. , CRIME AND PENALTIES IN CALIFORNIA 25 (1968); CAL. , eight years. "When we hear criticisms of indeterminate sentencing, it's not exactly correct," said Foote When a guilty criminal is incarcerated, he or she is given a jail sentence that needs to be served. The length of term will be fixed by one or more decision makers who exercise later-in-time release discretion in a way that is neither routinized nor There is, at least in theory, a careful and specific evaluation before the offender is released back to the community. Criticisms of Indeterminate Sentencing The European Court of Human Rights has today ruled that a controversial indeterminate sentence imposed in England and Wales is a breach of human rights. Determinate sentencing is the process by which a judge sentences an offender to a specific amount of time in prison or jail. 22 EST Last modified on Tue 28 Nov 2017 06. In England and Wales this system is overseen by the Parole Board. Determinate sentencing can take criticized sentencing institutes, 4 the shortcomings of judicial selection and education,5 parole,6 and indeterminate sentencing. 139). J. RuaiN, THE LAw OF CPJMINAL CORRECTION 157-69 (2d ed. Indeterminate sentencing, however, is the more common method of sentencing. Sentencing in America, 1975–2025 ABSTRACT American sentencing policy has gone through four stages in the past 50 years. His sentence was based on a preponderance of evidence rather than on the case being proven "beyond a reasonable doubt. 4) Increasing criticism focused upon indeterminate sentencing and its emphasis on rehabilitation which was considered a failure. ” Most states used indeterminate sentencing until the late 1970s, when some began to move toward more determinate sentences. the flexibility needed for the rehabilitative goal. "Public protection will not be put at risk - the judgment does not find that indeterminate sentences are unlawful, and will not mean prisoners currently serving IPP sentences will have to be released. List of Cons of Indeterminate Sentencing 1. S. In the United States’ justice system, there are two types of sentencing: indeterminate and determinate. Indeterminate sentencing b. 'Then again, others object to the trial judge's It is a waste of money to keep people locked up on indeterminate sentences. Listed among his achievements is the promotion of indeterminate Prison, supra, at 169. By 1971 most mandatory sentencing provisions then contained in federal law were repealed. What is the basis of criticism of the indeterminate sentence by those on the left of the political spectrum? To create paragraphs in your essay response, type <p> at the beginning of the paragraph, and </p> at the end. Compare: determinate sentence General criticism of indeterminate sentencing was raised at the hearings of the Senate Select Committee on Penal Institutions on Senate Bill 42. ON CRIM. This was good news to civil libertarians concerned with the injustices of indeterminate sentencing. It replaced many determinate sentences, also known as fixed or flat sentences. Indeterminate sentencing occurs when one receives a sentence that does not have a definite release date. But Rep. AND RECOMMENDATIONS ON SENT- whether the indeterminate sentence is a beneficient feature of the parole system or not. Indeterminate sentencing is a type of criminal sentencing where the convict is not given a sentence of a certain period in prison. 3 See Edward Lindsey, Historical Sketch of the Indeterminate Sentence and Parole System, 16 J. Reynaldo Santos were sentenced to an indeterminate prison sentence ranging from six months and one day to six years. At the start of the 1970s prison population levels were low, penal philosophy was still dominated by the rehabilitationist regime, and sentencing policy was, accordingly, wed to indeterminacy. Three men who had served a sentence of Imprisonment for Public Protection (IPP), argued that the sentence breached their right to liberty as stated under Article 5 of the Convention on Human For nearly two hundred years, indeterminate sentencing was the predominant form of sentencing in the United States. Moody, Determinate Sentencing and Abolishing Parole: The Long-Term Impact on Prisons and could be assessed. The prison term does not state a specific period of time or release date, but just a range of time, such as "five-to-ten years. Thus, North Carolina, Virginia, New York, and Texas had a mixed-sentencing system as well 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). Marvell & Carlisle E. Indeterminate sentencing was followed by a sentencing reform pe-riod in which policy initiatives sought to make sentencing fairer and more consistent, a tough on crime period in which initiatives sought to make minate sentence in the 1870's. California used to have indeterminate sentencing, but dropped it in favor of determinate sentencing for most crimes sometime in the 1970s. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions. Offenders who spent an average of 30 months in prison had a recidivism rate of 29%, compared to a 26% rate among prisoners serving an average sentence of 12. The fear with this is than inmate can be subjected to discriminatory treatment by the parole board members, without any recourse. The bill allows the court to choose either the indeterminate sentence or a determinate sentence in those cases. Which sentencing strategy involves a judge imposing the sentence and the actual time served being determined by the parole authority? a. I fully support the abolition of this type of sentencing and parole. The act converted most sentences from an "indeterminate" sentence length at the discretion of the parole board to a "determinate" sentence length specified by the state legislature. 5 points Executive clemency includes: a reprieve. criticism of indeterminate sentencing