Indeterminate Sentencing Josh Bruns Introduction Definition The prison

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

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%

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

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

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

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

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

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 (8 th ed. ). Belmont, CA: Wadsworth Cengage Learning. � Tonry, M. Reconsidering Indeterminate and Structured Sentencing. Alternatives to Incarceration. Summer 2000: 17 -21. Available from: Pro. Quest Criminal Justice. Accessed May 2, 2013