Determinate Vs Indeterminate Sentencing Analysis

Words: 535
Pages: 3

In chapter fourteen, Joel Samaha furthers the discussion of the defendants’ rights after conviction. Samaha also discusses the process of sentencing, appeals, and Habeas Corpus. After conviction, defendants become offenders. Offenders are no longer given the same rights as those in society. Many of their rights are taken away or reduced, especially their right to freedom. Offenders also face growing restrictions on the right of habeas corpus.
Throughout history, there have been two forms of sentencing: Determinate/Fixed sentencing and indeterminate sentencing. Determinate/Fixed sentencing labels the crime to the sentence and in which the sentencing authority is in the hands of legislators. As indeterminate sentencing tailors punishment to suit the criminal, in which the sentencing authority is in the hands of judges and parole boards. I personally think indeterminate sentencing to an extent is an effective model being there is flexibility varying from each offender. Those on lesser level convictions or first time offenders will ultimately receive a reduced sentence than those who have reentered the institution for the same crime. Also judges and parole boards have a greater understanding of the offender being there is contact between the two parties.
The division of authority is divided into three institutions:
…show more content…
I personally think one should not be harshly punished for a minor offense or a first time offense. Given Lockyer v. Andrade, a case significantly involving California’s three strike rule, Leonardo Andrade was sentenced to 50 years to life for shoplifting $150 worth of videos. Reviewing the case, I find the sentencing extremely excessive and cruel. Although this was Mr. Andrade third offense, there is a clear understanding of the offender’s prior history. Being there is no history of major offenses committed, Mr. Andrade should not be charged so