wk 7 forum 1 Brittney

 

Are judges given too much discretion when it comes to sentencing? What are some of the factors a judge looks at when determining an appropriate sentence? Do you believe the time fit the crime or should the time fit the offender? Discuss some of the different types of a sentence a judge may order.

Judges are not given too much discretion when it comes to sentencing. A judge will examine factors such as the number of offenses the individual has had, severity of the offense, evidence surrounding the crime, and what the sentencing entails (Cohen, & Posner, 2014). The Judge has a tough role in which they must decide how to uphold justice. They must equally sentence similar cases and ensure that fines and jail or prison time is given in an unbiased manner. I believe time should fit the crime. This is a serious matter because if there is a Judge that holds unconscious biases they may attempt to fit the time to the offender, and give some individuals harsher sentences than others unfairly.     

What is the difference between a determinate and indeterminate sentence? Discuss the advantages and disadvantages of each.

A determinate sentence is one that is not subject to change or up for review and has a set sentence length attributed to it (Engstad, Froseth & Tonder, 2014). Whereas, an indeterminate sentence may change based on fees paid, behavior, time served, community service hours, and various other factors (Engstad, Froseth & Tonder, 2014). It is important to understand the differences in determining what sentence is imposed. Some advantages of determinate sentencing is that there is no uncertainty and the individual knows exactly what they are getting. A disadvantage is that if the individual is doing everything needed of them there is no possibility for an early release
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