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Indeterminate Sentencing

Indeterminate Sentencing. Josh Bruns. Introduction. Definition The prison term imposed after a conviction for a crime which does not state a specific period of time or release date, just a rang of time, such as “five-to-ten years”. Rehabilitation Discretion of Parole Board. History.

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Indeterminate Sentencing

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  1. Indeterminate Sentencing Josh Bruns

  2. Introduction • Definition • The prison term imposed after a conviction for a crime which does not state a specific period of time or release date, just a rang of time, such as “five-to-ten years”. • Rehabilitation • Discretion of Parole Board

  3. History • Very prominent policy until 1970s • Changing times in U.S. • Drew criticism • Both Left and Right • War on Drugs • Reagan Administration

  4. Incarceration Rates • Incarceration Rates exploded from 1970 until today • United States: 390% • 1970: 87 inmates per 100,000 residents • 2002: 427 inmates per 100,00 residents • Delaware: 1,264% • North Carolina: 124%

  5. Ethical Theories • Utilitarian Principle • All decisions should be made according to what is best for the greatest number • Ethics of Virtue • Bases ethics largely upon character and possession of virtues • Principle of the Golden Mean • Aristotle's concept of moderation, in which one should not err toward excess or deficiency

  6. Application • Utilitarian • Indeterminate Sentencing designed for rehabilitation • Rehabilitated through prison programs • Incentive to early release • Ethics of Virtue • What reasons for completing such programs • Rehabilitation or to be released early • Principle of Golden Mean • Range of sentencing

  7. Advantages • Sentencing to Individuals • Each offender is different • Support, criminal history • Rehabilitation • Improving person to become better member of society • Incentives • Public Safety • Released upon rehabilitation

  8. Disadvantages • Certain Level of Disparity • Different offenders, same offense, different release time • Public perception • Inadequate Implementation of Rehabilitative Programs • Vocational Training • Education

  9. Conclusion For Indeterminate Sentencing Incentives to become rehabilitated Chance to lower incarceration rates Better for society

  10. Works Cited Bergstrom, M. H.,Dermody, F., Chanenson S, Hyatt J. The Next Era of Sentencing Reform… Revisited. Federal Sentencing Reporter [serial online]. February 2009;21(3):203-210. Available from: Academic Search Complete, Ipswich, MA. Accessed May 2, 2013 Hill, G., & Hill, K. (2005) Indeterminate Sentence. Legal Dictionary. Retrieved May 3, 2013 Mauer, M. (2001). The Causes and Consequences of Prison Growth in the United States. Punishment & Society, 3(1), 9.   O’Hear, M. M. (2011). BEYOND REHABILITATION: A NEW THEORY OF INDETERMINATE SENTENCING. American Criminal Law Review, 48(3), 1247-1292. Pollock, J. (2012). Ethical Dilemmas and Decisions in Criminal Justice (8th ed.). Belmont, CA: Wadsworth Cengage Learning. Tonry, M. Reconsidering Indeterminate and Structured Sentencing. Alternatives to Incarceration. Summer 2000:17-21. Available from: ProQuest Criminal Justice. Accessed May2, 2013

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