The Court’s Role
The judge is responsible for this.
Promoting Justice.
In this sentencing structure, the judge has discretion in deciding the sentence case-by-case.
Indeterminate Sentencing Structure.
There are this many sentencing options in New York.
Six (6).
This option is confinement to prison for a period of time.
Imprisonment.
These sentencing options both entail conditions that the judge imposes on the offender.
Probation & Conditional Discharge.
The judge must balance these 3 interests.
Interests of the defendant.
Interests of the victim.
Interests of society.
In this structure, the sentence is fixed per crime and the judge can’t change it.
Determinate Sentencing Structure.
NY currently uses this kind of sentencing for felonies.
Indeterminate Sentencing Structure.
These two options offer the defendant the opportunity to rehabilitate herself without imprisonment.
Probation & Conditional Discharge.
A judge might require a defendant participate in these as a condition to their release.
This is the idea that depriving a criminal the opportunity to commit future crimes.
Incapacitation.
Indeterminate sentencing might be _______ because it’s up to the judge’s discretion.
Unfair or unbalanced.
For this kind of crime, judges may impose either short determinate prison terms or alternative sentences.
A defendent recieves this when a judge issues a prison term combined with probation or discharge.
Split Sentence.
A judge may require the offendor to report to this person and follow their directions.
Probation officer.
This is the idea that society can prevent future crimes by punishing past crimes.
Deterrence.
The determinate sentencing structure rejects this, in favor of incapacitation and deterrence.
Rehabilitation.
The law gives judges this, in which sentences must fall.
A range.
Judges often impose these for violations.
Fines.
The inquiries made by a probation officer must be...
Reasonable.