The Sentencing Assignment



The Sentencing Assignment

Introduction

The determinate model and the indeterminate model are two prevalent models used to sentence criminal offenders in the criminal justice system in the United States, currently. Each of these models contains both weaknesses and strengths which affect not only the offender, but also the system and the victim itself. Through exhibiting a positive behavior model, by allowing the offender to choose when he or she is released, to the support and crime rehabilitation, the indeterminate ideal suggests that sentencing should be tailored. For all persons who commit similar crimes, each punishment should be equal and the determinate sentencing tends to thrive on the same theory. In comparison to the criminological theories, each philosophy can change dramatically though it sounds simple enough on the surface.

Discussion

In both approach and theory, the two major sentencing models are very different, as previously discussed. In reference to each school of criminology each is embraced differently and each model has various weaknesses and strengths. For every situation, no one solution works, it is both expected and obvious that. Bridging across another, many of these reasons do not center themselves on one form of criminological theory, and why they commit criminal acts; this is because each criminal has their own reasons, perhaps. It is not simply sufficient to say that one criminal committed a crime via the Behavioral theory, and therefore must be punished according to a definitive model. Inevitably leading to complications there are going to be numerous amounts of uncontrollable variables, any time humanity is involved, of course. Both the indeterminate and determinate models have risks and benefits which can both decimate offenders and exonerate potentially.

The view that criminality is a product of abnormal psychological or biological traits, is taken on encompassing Biological and Psychological theories, by Trait theories. To blame for criminal behavior are biologic and genetic factors as these views generally contend. To commit crime, persons with the trait have an increased propensity, as believed by these theorists, whether biological or mental. Generally it is felt that persons with this trait in essence uncontrollably criminal, and will always be as such, not to engage in criminal activity can be trained to these persons, while it is believed. For these types of offenders, the determinate sentencing model would be most effective, and this would lead to such idea. For two reasons, this method of punishment appears effective, though not a strong deterrent. That has caused them so much harm, the offender has ample time to learn to control the trait as the definitive incarceration sentence ensures first. To protect society and not because of its ability to fix the offender, this method is effective, secondly. When a threat to them is going to be released, to know precisely when to get affected by the crime, is allowed by definitive incarceration to members of a society.

Encompassing process theory and structure theory are the Social theories. With the emphasis on those economically disadvantaged, for a primary cause of crime, economic position ...