What are some of the arguments for and against the primary sentencing structures of determinate sentencing and indeterminate sentencing?  Which of these structures do you think provides the best...

What are some of the arguments for and against the primary sentencing structures of determinate sentencing and indeterminate sentencing?

 

Which of these structures do you think provides the best method of sentencing?

Asked on by lawman425

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pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted on

I'm going to cheat and say that I want a mixture of the two.  I think that there should be determinate sentencing, but that there should be ways of having sentences outside the prescribed range in severe cases.

I do not want there to be completely indeterminate sentencing.  If you have that, you get judges giving wildly different sentences to people based solely on their own personal opinions of those people.  That is not just.

On the other, hand, however, there needs to be some amount of discretion.  Crimes and criminals are not all the same and there ought to be ways to give people lower or higher sentences in extreme cases.

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