What is the Difference Between Determinate and Indeterminate Sentencing?

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The main difference between determinate and indeterminate sentencing lies in the length of the sentence. Here are the key differences between the two types of sentencing:

Determinate Sentencing:

  • Involves a fixed amount of time, such as 2 years or 25 years.
  • The sentence cannot be changed by a parole board or other agency.
  • Individuals must serve at least a certain percentage of their determinate sentence before becoming eligible for conditional release.

Indeterminate Sentencing:

  • Involves a range of time, such as 2 to 5 years or 25 years to life.
  • The release date is uncertain and will be determined by a parole board when it periodically reviews the case.
  • Indeterminate sentences are associated with the rehabilitative model of corrections.

In summary, determinate sentencing assigns a fixed amount of jail time to an individual convicted of a crime, while indeterminate sentencing involves a range of time, with the actual release date determined by a parole board. Determinate sentencing is more associated with the concept of retributive corrections, whereas indeterminate sentencing is associated with the rehabilitative model of corrections.

Comparative Table: Determinate vs Indeterminate Sentencing

Determinate and indeterminate sentencing are two different approaches to criminal sentencing. Here is a table summarizing the key differences between the two:

Determinate Sentencing Indeterminate Sentencing
Fixed length of the sentence, such as 5 or 10 years Sentence given as a range, like 1 to 3 years
Cannot be changed by a parole board or other agency Can be changed by a parole board or other agency
Offender's date of release can be predicted Offender's date of release cannot be predicted
Generally applies to violent offenses, most sex offenses, and drug offenses Generally applies to property-related crimes, such as grand larceny or felony criminal mischief
Sentence has a separate fixed period of post-release supervision Length of parole supervision depends on the period of incarceration

Determinate sentencing involves a specific, fixed length of the sentence, such as 5 or 10 years, and cannot be changed by a parole board or other agency. On the other hand, indeterminate sentencing is given as a range, like 1 to 3 years, and can be changed by a parole board or other agency. The offender's date of release can be predicted in determinate sentencing, but not in indeterminate sentencing. Determinate sentencing generally applies to violent offenses, most sex offenses, and drug offenses, while indeterminate sentencing applies to property-related crimes.