Corrections to Jail Convicting: Sentencing Policies and Regulations - Essay Example

Corrections Determinate sentencing refers to a scenario where a convicted defendant is conferred a fixed punishment term for a criminal offense. Determinate sentencing is more often issued for crimes of a non-violent nature such as fraud. Indeterminate sentencing is the imprisonment term issued to a convicted defendant, but does not ascertain the actual timeline of incarceration or even when the convict will be released. Indeterminate sentencing is a measure taken to deter the convicted defendant from violent behavior while incarcerated. The convict is given power to dictate his/her release date by showing levels of rehabilitation and release is pegged on confirmation by parole officials. However, in both sentencing tactics, the judge must abide by the sentencing laws and not go above or below them (Welch, p.88). 2. Sentencing guidelines entail focusing on the gravity of the crime committed and the defendant’s criminal history before determination of length of sentencing. This system affords a judge the chance to reconsider the sentence imposed by either reducing or lengthening it when necessitated. Sentencing guidelines in indeterminate sentencing entail parole issuance, but the judge is given an opportunity to determine the appropriate sentence length. In determinate sentencing, sentencing guidelines afford the judge the mandate to set fixed sentences. Voluntary sentencing guidelines entail states issuing suggestive sentences to judges but do not require their use. Presumptive sentencing guidelines require judges to pronounce sentences that are already predetermined for all crimes. Mitigating circumstances refer to conditions that call for lighter sentencing compared to what is required under sentencing guidelines. While the circumstances do not exonerate the defendant from the crime, they give judges leeway to consider the crime, defendant and victim in full milieu such as the defendant’s state of mind (Welch, p. 97). Aggravating circumstances are occurrences or data offered to a judge before sentencing and require justifiable reasons why the judge should issue tougher sentences than prescribed by the guidelines. Defendants’ continued participation in the crime for which they are accused is an excellent example of an aggravating circumstance. Mandatory sentencing, on the other hand, is a term used to refer to the creation of set prison sentences for certain crimes in an effort to reduce the occurrence of such crimes. Mandatory sentencing is often used for violent crimes and repeat offenders. 3. Sentencing policies such as sentencing length, institutional or community punishment and outcome have substantial impacts on corrections. Length and outcomes of sentencing directly affect the rehabilitation of offenders. Sentencing disparities are witnessed when different sentences and lengths are given for similar crimes. These disparities adversely affect the correction of offenders, as well as their rehabilitation (Welch, p.110). 4. Presentence investigation (PSI) is the complication of information of a convicted defendant done by a probation officer. PSI is used to compile a presentence investigation report, which shows the convicted defendant’s prior record, personal history and family history. PSI is used by judges in deciding sentences for adult felony cases, and assist guards in commanding offenders within correctional facilities. 5. Reducing sentence time is important in creating space for more convicts. Pretrial jail time is a viable way of reducing sentence time as time spent in pretrial detention is reduced from overall sentence time. Another measure of reducing sentence time is good time. Good time is a measure used to reduce sentence time as a result of statutory provisions (statutory good time) or the offender’s amiable behavior (earned good time) or conduct of extra work. Concurrent sentencing whereby a convict serves more than one sentence at a time is also a viable method of reducing the overall sentence time for all crimes. 6. Civil commitment of sexual offenders refers to a system where sexual predators are confined in mental institutions, for unspecified durations, after completing their prison sentence if it is proven that the offender suffers mental illness that makes him/her a habitual sexual predator. The ethicality of this concept is questionable because it is improper to punish someone who has already served time, on the precept of what he/she might or might not do in future. Sexual predators undergo specialized treatment within correctional facilities, which should be enough to rehabilitate them. This practice should not be extended to other crimes as it would render the rehabilitation work that occurs in correction facilities useless (Welch, p.109). 7. Offenders’ profiles provided show that federal corrections are the highest populated correctional facilities in the country because of their high incarceration rates without parole. Jails and prisons are merged in some states, but remain independent in other states. Typically, probationers are the highest number of offenders in all states. Parolees, on the other hand, are significantly more than private prisoners in most states. This shows the corrections system is leaning away from institutional correction when it can be replaced by other measures like probation. 8. Security levels in state prisons comprise of minimum, medium, maximum and super maximum security levels. Minimum security level entails harboring inmates who are afforded high personal freedom with minimal supervision. In medium security facilities, inmates are afforded greater supervision than minimum security ones, but inmates are also allowed to move freely and participate in programming facilities and work designations. Inmates in minimum and medium are predominantly allowed having personal effects. Maximum security facilities or close-security facilities involve the highest supervision and control meted over inmates. Maximum security facilities encompass segregation such as disciplinary, solitary and protective custody. Lastly, super maximum facilities or secured housing units hold prisoners who pose a threat to guards and other inmates. They are subjected to the highest surveillance among prisoners (Welch, p. 136). 9. Federal Bureau of Prisons (BOP), established in 1930, aims at maintaining consolidated management of prisons, professionalizing the corrections system and providing humane rehabilitation to prisoners and inmates. Development of BOP was warranted by increased prevalence of federal offenders who were previously held in county jails and state prisons. Women reformatories previously entailed a number of cottages having kitchen and sewing facilities. Women facilities did not have walls or fences, but due to their hidden location, inmates were unable to escape. Currently, most female offenders are housed in minimum and medium security facilities. 10. Inmate management refers to the classification of offenders into different categories. In the 1500s, inmates were classified according to their characteristics. Minimal and maximum offenders were put separately. Women and men offenders were housed under different units. In 1773, different establishments were set up to accommodate different genders. In early 19th century, different institutions were established for different age groups. All these institutions were maximum level facilities. Classification became focused on different security levels and the classification was and still is the basis of parole. Classification committees are set up to determine inmate allocation to the various classifications. Correctional facilities shifted focus from sheer incarceration to rehabilitation thereby changing penal principles. Today, classification is external and internal where external classification entails assignment of offenders to corrections facilities. Internal classification entails housing assignments when offenders arrive at the facility. Works Cited Welch, M. Corrections: A Critical Approach (2nd ed). New York: McGraw-Hill.  2003. Print. Read More