Sentencing paper cja/234 Essay
Sentencing paper cja/234
Punishment may sound like painful word, but in fact it is nothing more but a consequence given to a criminal offender. The state and federal correction system have similar objectives for criminal offenders as a form of punishment. Due to request for harsher punishment, sentencing affects both the state and federal correction system. Upon pleading or finding an offender guilty, the determinate and indeterminate sentencing model is implied in which the federal and state correctional system assigns to criminals for time given in prison.
Depending on the crime, punishment for both state and federal prison system can be different time sentences and programs. The state corrections system main objective of punishment is to supervise criminal offenders during their sentence period. By keeping close supervision, the inmates are not out in the streets causing harm; this allows protection to the public from offenders.
In addition to the punishment of residing in a State facility, the inmates are offered classes to help in the rehabilitation process. The Federal correction system focuses on maintaining secure safe and humane correctional institutions for individuals in custody. Like the State correction system, the Federal correction system allows programs for inmates for rehabilitation purposes, keeping inmates busy during their transition before being released. In addition both State and Federal corrections attempt to get their points across for punishment by deterrence, incapacitation, and rehabilitation. (Seiter, R.P 2011).
It can be said that society and the public is exhausted of the rate of crimes, and are afraid of what can happen in the future. For this reason, they have faith in the elected officials to suppress and demand higher consequences for those committing crimes. The same elected officials are trusting that Police, courts, and the corrections system are enforcing tougher laws.
The system is enforcing tougher laws for anyone violating laws, and showing no mercy for anyone even first time offenders as consequences for their actions. According to Seiter, 2011, parole and probations agencies are more worried about monitoring their convicts, instead of counseling and seeking rehabilitation methods that will assist them in the long run. Some individuals on parole and probation are becoming violators by not following rules and regulations, ending up back in the prison system.
Many institutions are growing because; inmates are being retained in the facilities as more individuals are being added to the system, facing cruel punishments for crimes committed. There has also been an increase in drug crimes and increase in individuals caught illegally distributing drugs, ending up behind bars in Federal facilities. Because of the harsher consequences more Americans are being placed in the corrections system.
It is estimated that one in twenty Americans will go to prison sometime in their lifetime. Institutions are facing overcrowds, causing an abundant spending of money that government does not have, leading to have an assembly bill realignment. (Seiter, R.P 2011). When it comes to sentencing criminals, the model that the United States utilizes is the Indeterminate and determinate sentencing. An indeterminate sentence is decided by the sentencing judge, and is later reviewed by a release authority to determine the actual time that will be served. Indeterminate sentences are given at the time of the sentencing and are given a minimum to a maximum time to be served by the criminal.
After the minimum term has been served, the offender is provided with the opportunity to be released, by being placed on the parole board. The parole board then determines the release date, time frame is between the minimum and maximum term sentence. If the parole board does not issue parole for the offender, he or she is to serve the maximum sentence. Upon completion of the sentence served, the offender is to be released.
Determinate sentences are sentences that are fixed term to be serve. The offenders are eligible for release soon after completion of the time that was originally given. Unlike the indeterminate sentencing, offenders who are under the determinate sentences, t are not reviewed by any parole board and are to be released upon completion of his or her time served. The sentence that should be considered more normally is the indeterminate sentencing.
The fact that the indeterminate sentencing has a parole board, should allow personnel to evaluate the individual and really determine if the criminal is eligible for release. The parole board should have all records of behavior and should have a minimum requirement of training completion, in rehabilitation. Training must be successful courses completed, showing the individual’s behavior improvement. If the offender does not have any, he or she may be considered to be released until the requirements are met. He or she may be given an option in six months for another review, in order to proceed to the parole board for release. (Seiter, R.P 2011).
At the time of release, the time served in prison should have served the purpose to re- introduce the individual to society as a positive and valuable member of his/her community. If the sentence was not helpful to the individual then it is likely that he/she may be back in prison. The correction system has taken up the hard task of trying to rehabilitate these criminals into productive members of society, but it is self motivation that will really aid these individuals in completing that task. All that can be hoped is that these people can reflect and appreciate all of the training and time given to them to change their paths.
Seiter, R.P (2011). Corrections: An Introduction, Third Edition, Pearson Education, Inc. Law Office of Daniel Jensen Law Retrieved from http://www.danieljensenlaw.com/ articles/determinate-vs-indeterminate-sentencing/