The primary distinction between determinate and indeterminate sentencing is that determinate sentencing is a fixed prison term that is not subject to review by a parole board, while indeterminate sentencing is a prison term that includes a range of years rather than a fixed period.
Key Takeaways
- Determinate sentencing involves a fixed amount of time in prison, while indeterminate sentencing involves a range of time.
- Indeterminate sentencing is subject to review by a parole board, while determinate sentencing is not.
- Determinate sentencing is less common than indeterminate sentencing and is often seen as a tougher system due to its mandatory prison time.
What is Determinate Sentencing?
Determinate sentencing refers to a prison sentence for a fixed amount of time, rather than a range of time. For example, determinate sentencing will involve an offender being sentenced to one year in prison, rather than up to one year. This means the offender must spend the whole year in prison and is not eligible for parole. Determinate sentencing is not as common as indeterminate sentencing and is often seen as a stricter system due to its mandatory prison time. It includes sentencing guidelines, mandatory minimum sentences, and enhanced sentences for certain crimes.
What is Indeterminate Sentencing?
Indeterminate sentencing refers to a prison sentence that assigns a range of years, rather than a fixed amount of time. For example, indeterminate sentencing can include a sentence of five to ten years or twenty-five years to life. This type of sentencing determines only the minimum and the maximum amount of years the offender must remain in prison. Once the offender has spent the minimum amount of years in prison, they are subject to review by a parole board. However, not all prisoners who receive indeterminate sentencing are granted parole, as the parole board considers various factors before granting parole to inmates with indeterminate sentences.
What is the Difference Between Determinate and Indeterminate Sentencing?
The key difference between determinate and indeterminate sentencing is the length of the sentence. Determinate sentencing involves a fixed amount of time, such as 2 years or 25 years, whereas indeterminate sentencing involves a range of time, such as 2 to 5 years, or 25 years to life. Indeterminate sentencing is subject to review by a parole board, while determinate sentencing is not. Furthermore, determinate sentencing is associated with the concept of retributive corrections, while indeterminate sentencing is associated with the rehabilitative model of corrections. Determinate sentencing is less common than indeterminate sentencing.
Summary – Determinate vs Indeterminate Sentencing
In summary, the main difference between determinate and indeterminate sentencing is the length of the sentence. Determinate sentencing assigns a fixed amount of jail time to an individual convicted of a crime, while indeterminate sentencing assigns a range of jail time to an individual convicted of a crime, such as one to three years.
