Determinate and Indeterminate Sentences in Legal Practice
Determinate and indeterminate sentences are divergent types of punishment within the jurisdiction of criminal law, possessing distinct characteristics in terms of incarceration. A determinate sentence entails an explicit period of confinement, quantifiable in units of time such as two years (Easton et al., 2022). In contrasts, an indeterminate sentence does not specify an exact duration of imprisonment, thereby remaining in force until the offender is eventually released.
Both forms of sentences may seem similar in the sense that they both involve depriving the criminal of their freedom, imposing a distinct period of state control on the convict. This period is endowed with certain conditions or restrictions, such as regular check-ins with parole officers, ensuring public safety and mitigating the probability of recidivism (Easton et al., 2022). The applicability of both sentences is based on their ability to prevent criminal activities, thereby upholding the sanctity of law and order.
The first difference is that a determinate sentence has a specific length of punishment, while an indeterminate sentence remains nebulous, without any specific timeframe. Moreover, determinate sentences are often imposed for less severe crimes, whereas indeterminate sentences are more frequently used for violent crimes or heinous offences (Easton et al., 2022). For instance, a small thief may be given a determinate sentence of several months in jail, while an individual convicted of a serious assault or murder may be subjected to an indeterminate sentence, with the possibility of parole after a designated number of years.
In conclusion, it is evident that determinate and indeterminate sentences are fundamentally distinct types of punishment within the ambit of criminal law. While both forms involve depriving the convict of their liberty, the exact period of imprisonment varies substantially. Determinate sentences are typically used for minor crimes, whereas indeterminate sentences are reserved for more severe offences, such as violent crimes. In essence, the fundamental contrast between determinate and indeterminate sentences is the explicit timeframe involved in the former, as opposed to the indeterminacy of the latter.
Reference
Easton, S., Emeritus, S., Piper, C., & Emeritus, C. (2022). Sentencing and punishment. Oxford University Press, USA.