Explain each of the five major sentencing models and how they affect a judge’s sentencing decision.
Traditional criminal sanctions a judge might impose include fines, imprisonment, community service, restitution, or probation when delivering a sentence. There are five sentencing models that can guide a judge’s determination of punishment. These models include indeterminate sentencing, determinate sentencing, mandatory, habitual offender, and presumptive. The indeterminate sentencing model gives the judge broad discretion in determining a range of sentences. The determinate sentencing model limits the judge’s discretion, as the offender is given a fixed term of incarceration. A mandatory sentence prevents the judge from considering mitigating factors. Habitual offenders can be sentenced under a three-strikes law, in which repeat offenders receive longer mandatory sentences. Presumptive sentencing serves as a balance between indeterminate and determinate.
1. Name the five sentencing models that can guide a judge’s decision on sanctions.
2. Which sentencing model allows a judge the greatest discretion?
3. How does presumptive sentencing balance indeterminate sentencing with determinate sentencing?
4. How does the Sentencing Reform Act of 1984 restrict plea bargaining?
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