Capstone Essay

When we talk ab break varied types of sentencing the well-nigh plan of attack types argon equivocal and definitive. They both servicing the same function exclusively have different out baffles. They atomic number 18 both build to serve as punishments but to also rehabilitate at the same sequence. The principal(prenominal) difference between these both sentences is the fact that dubious sentences offer advance(prenominal) run done in the form of parole and determinate sentences do non. questionable sentences argon outlined as a sentence that permits untimely introduce from a correctional institution subsequently the wrongdoer has served a necessary minimum portion of his or her sentence (Siegel, 01/2013, p.40). And determinate sentences atomic number 18 defined as sentences that give the defendant a fixed term of twelvemonths, the uttermost set in law by the legislature, which is to be served by the offender sentenced to prison for a collapseicular nuisance (Siegel, 01/2013, p. 41). Each type of sentencing has its take strengths and weakness. Each of which helps the judge determine which type of sentencing would be best(p) for each situation, for not any situations should be punished equally.The biggest advantage to indeterminate sentencing is that indeterminate sentencing permits flexibility both in the type of sentences that are oblige and the length of time to be served (Siegel, 01/2003, p. 40). Some to a greater extent advantages include early release from jail/prison on ground of just behavior, require in that location to be less people in the facilities thus constituent with the overcrowding issue, rehabilitating, and different people reply very differently to punishments (Portman). A wrong to indeterminate sentencing is that it may not deter individualists from dedicateting criminal offences.If a criminal is whole charged 1-5 years for a drug related crime, and retrieve outs after only one year due to good behavio r, they may notice that what they did was worth the time precondition and do it again because a year isnt that long. If this were the case, indeterminate sentences could make the crime rates go back up because the criminals would not see a short sentences as a deterrent. Determinate sentences also have their advantages and disadvantages. Determinate sentencing tidy sum scare criminals into no agelong levelting crimes due to the length of the sentences and not creation able to be released on good behavior.When serving a determinate sentence it is a general rule to serve at least 85% of the master copy sentence and if fewone go throughd good credits they may be released early (Sentencing statutes and, 2013), but not a substantial descend of time early. Because of this work out, determinate sentencing can reduce crime rates. If a criminal is sentenced to 25 years under determinate sentencing they must serve 25 years, unless they receive good credits, but still must serve a t least 85% of the original sentence. It has already been advanced that different people respond to different sentences differently.With this in mind, it is important to determine which type of sentencing, indeterminate or determinant, would be best for each type of individual. Since everyone if different there must me a cause why they are different and why different influences require different sentences. For this essay we were asked to discuss which type of sentencing we ascertain would be most effective at address crime from triplet separate criminological perspectives trait ( mental/biological) social (structure/process) and deterrence (classical/choice).When you are dealing with psychological/biological reasons as to why and individual is a criminal you make to look into their family tree and they way they were raised. Some psychologists believe that many criminals commit crimes because that is just simply their personality. Anyone can become a criminal and commit a crim e, but you see it more often in individuals that grew up around it. Their parents were and or are criminals. Their friends are criminals. Their peers are criminals. It is hard to merry up to a life recrudesce accordingly that when it is all that you know.Sigmund Freud had a theory about personalities. He said that there are three elements of the personality, the id, self, and superego. The id is the part of the personality that you have at birth. It is the part that makes you desire for the most basic of things. The id is driven by the pleasure principle, which strives for immediate gratification of all desires, wants, and needs. If these needs are not satisfied immediately, the result is a state anxiety or tension (Cherry, 2014). The next part of the ego that Mr. Freud discusses is the ego. The ego is the part of the moral part of the personality.The part that deems what is right and wrong at heart the eyes of society and yourself. If your ego is not fully developed thusly yo u go out not be able to stop yourself from the impulses that come from your id. nub that if crime is ingrained into their minds then they will have impulses to commit crimes. If they do not fulfill these urges then the urge will build to the pip where they end up committing a more serious crime then they would have in the first place. The underlying issue could be part of the reason our systems repeat offenders are repeat offenders.The sentence model that I whole tone would work best in addressing the psychological and biological criminological perspectives would be determinate sentencing. If an individual has the natural impulse to commit a crime and an underdeveloped ego to prevent them from committing the crime then there is no amount of time that will help them stick to better. in that respect is a saying that you cannot teach old dogs new tricks. That saying goes with some criminals there are some that you just cannot rehabilitate. So determinate sentencing would abide b y they away from them public and stop them from committing a crime for a longer period of time.Everyone has a stigma against people that come from the ghetto. They think that they are good for nothing poor people that cant catch by so they resort to crime. And sometimes this is the case, sometimes its not. There is a reason that a stereotype is a stereotype. It has some underlying truth. It is true that some people are criminals because they really do feel that they cannot perplex by on a day-to-day basis with an honest job, and if they could they dont think that they would qualify for one. So what do they do? They start to steal, shop drugs, and even sell their bodies or join a gang.But not everyone in the ghetto is like that. Some work very hard to make a living, but it just isnt enough to get them out of that environment. According to Shanali Inchaustegui When you look at the theory, the strains might not necessarily come from peoples frustrations with acquiring The American D ream, but rather a mixture in strains such as homelessness, abuse and neglect, subcultures, deviant determine and frustrations about poverty. Meaning, there might be more than one factor in play when a person is influenced to commit a crime by interacting inside an imposed economic class.Many things within society, your social surroundings, can make someone commit a crime. wad from this criminological perspective someone can recover and learn from their actions if given the opportunity. Because of this I feel that indeterminate sentencing would be best. With indeterminate sentencing someone can be released early due to good behavior. During that time the said individual would have had the opportunity to learn from their mistakes, acquire an education, and be given opportunities that will give them a new a better life. The last criminological perspective is classical/choice (deterrent).From this perspective criminals are individuals that commit a crime for no new(prenominal) reaso n then they choose to do it. They under stand the risks associated with the crime but choose to go through with it anyways. cleanal and choice perspectives are very similar to one another. option is when individuals choose to commit a crime after looking at all the opportunities and fixed if the crime is worth the punishment or not. Classic is almost identical to choice except after weighing the options they decided to commit the crime because it was advantageous to do so (Criminology, 2014).You need to be assertive when dealing with criminals that have decided to commit a crime knowing full well that it is wrong and that they have options or avenues other then committing a crime to get what they need and or want. If you are not assertive with them then they will think that its really not that big of a deal and that they will be able to get away with it time and time again. With choice and classical perspectives I feel that that determinant sentences would be the best option. It shows the criminals that the law is taking a nil tolerance stand against crime.Determinate sentences will make them think double before they commit the crime because they will know that if they are convicted they are guaranteed a set amount of time behind bars. Both indeterminate and determinate sentences have their place in the legal system. Whether one is better then the other is hard to say. Indeterminate sentences allow for early release for good behavior where as determinate does not. Determinate sentencing, however, does allow for good credits to be applied to their sentence so they can be released early, but they must complete at least 85% of their sentence.So they both have that upside. A down side to indeterminate sentencing that two different people that commit the same crime can get two different sentences. For example one may just get a fine and community service while the other could get 5 years jail time. To me that isnt fair, unless there is an underlining reason as to why someone getting a harsher sentence like being in trouble with the law before. Determinate sentences give the same amount of time regardless. This could also been seen as unfair because regardless of your past you are goingto get the same amount of time. I personally feel that determinate sentencing is the option that is most likely going to deter more crime. It makes the criminals know what their sentence is going to be if convicted. They know that if they get caught, charged, and convicted they are going to have to serve that amount of time and or redress a certain amount of a fine. And with indeterminate sentences they have a chance at lesser punishment. I really think that determinate sentences would deter more crime then indeterminate sentences. References