A determinate sentence

For example, a sentence of six months in the county jail is determinate, because the prisoner will spend six months behind bars minus time off for good behavior, work-release, or other alternatives to in-custody time, when applicable.

A determinate sentence

Determinate Sentence A sentence to confinement for a fixed or minimum period that is specified by statute. Determinate sentencing encompasses sentencing guidelines, mandatory minimum sentences, and enhanced sentences for certain crimes.

Sentencing guidelines allow judges to consider the individual circumstances of the case when determining a sentence, whereas mandatory minimum and enhanced-sentence statutes leave little or no discretion to judges in setting the terms of a sentence.

Determinate sentencing statutes have existed at various times throughout the history of the United States. They became popular in the s, when public concern over crime increased dramatically and the public demanded stringent laws to address the crime problem.

Operating under the belief that certainty of punishment deters crime, Congress and the states responded by passing laws that dictate specific sentences for certain crimes or for repeat offenders.

These laws have been a source of considerable controversy. Many of the determinate sentencing measures adopted during the s and s were by-products of the war on drugs.

They require strict, harsh, and non-negotiable sentences for the possession of narcotics. These stringent laws have led to some unintended and inconsistent results. For example, repeat offenders who have information that is useful to the police sometimes receive lighter sentences than do nonviolent, first-time offenders, in return for their testimony.

For example, California Penal Code, sectionrequires a minimum sentence of 25 years to life for a third conviction for a serious felony, and it doubles the usual sentence imposed for a crime when it is a second offense.

The purposes of the law are to incapacitate repeat offenders and to deter others from committing crimes. The constitutionality of the three-strikes laws has come into question in a number of decisions. Inthe U. Supreme Court, in Lockyer v.

The decision resolved a dispute between state and federal courts in California.

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The California trial court applied the three-strikes provision and elevated the crimes to felonies. These felony convictions for petty theft counted as "strikes" three and four against Andrade.

Andrade then filed a petition for a writ of Habeas Corpus with a federal district court in California, which denied the petition. He then appealed to the Ninth Circuit, which reversed the denial of the petition in Andrade v.

Andrade would not be eligible for parole until age More than a dozen additional California courts refused to follow Andrade because the facts in those cases could be distinguished from those in Andrade.

The Supreme Court in Lockyer v. Under that statute, a federal court may grant a writ of habeas corpus if a state court correctly identifies a legal principle from U.

Supreme Court decisions, but incorrectly applies the principle to the facts of the case under review. The Ninth Circuit had determined that the California appellate court had improperly applied "clearly established" U.

The Court found that prior decisions by the Court had not provided sufficient clarity on the issue, and that the California appellate court had not misapplied "clearly established" precedent.§Absolute and Relative. Absolute and Relative are philosophical terms concerning the mutual interdependence of things, processes and knowledge.

‘Absolute’ means independent, permanent and not subject to qualification. The Online Writing Lab (OWL) at Purdue University houses writing resources and instructional material, and we provide these as a free service of the Writing Lab at Purdue.

The History of the Pre-sentence Investigation Report Considered among the most important documents in the criminal justice field, the presentence investigation report (PSI) has been the central source of information to.

Have your say. Keep up to date with developments in sentencing and rehabilitation plus more opportunities to have your say. Sign up for email alerts, or follow our Twitter feed. indeterminate sentence. n. the prison term imposed after conviction for a crime which does not state a specific period of time or release date, but just a range of time, such as "five-to-ten years".

Criminal sentencing in the United States.

A determinate sentence

Jump to navigation Jump to search. This article needs additional a death sentence, or some other determinate or indeterminate sentence based upon the number of murders, the evidence presented, and any aggravating or mitigating circumstances present.

Mistretta v. United States :: U.S. () :: Justia US Supreme Court Center