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Differences Between Determinate and Indeterminate Sentencing Paper

Review and analyze the case studies listed in this week’s reading assignment, and discuss the following:

  • Identify the main differences between determinate and indeterminate sentencing.
  • What constraints are imposed on judges when using a presumptive or determinative sentencing model?
  • Consider determinate and indeterminate sentencing.
    • What is the value of each sentencing model?
    • Discuss how 1 state uses each kind of sentencing model and how the decision is made to release a defendant from prison.

    Use these cases to answer the questions?

  • Lynch, G. E. (2005). SENTENCING: LEARNING FROM, AND WORRYING ABOUT, THE STATES. Columbia Law Review, 105(4), 933-942.
  • Bowman, F. O. (2005). THE FAILURE OF THE FEDERAL SENTENCING GUIDELINES: A STRUCTURAL ANALYSIS. Columbia Law Review, 105(4), 1315-1350.
  • Robinson, P. H., & Spellman, B. A. (2005). SENTENCING DECISIONS: MATCHING THE DECISIONMAKER TO THE DECISION NATURE. Columbia Law Review, 105(4), 1124-1161.
 
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