Answer to Question 1
In states that use determinate sentences, there has been an attempt to develop methods to structure and control the sentencing process and make it more rational. Sentencing guidelines were implemented by many states and the federal government. Guidelines give judges a recommended sentence based on the seriousness of a crime and the background of an offender. Some states use presumptive sentencing guidelines, which is a form of sentencing in which the legislature sets the penalties for criminal acts. Some states have rejected guidelines altogether because they perceive them as an improper interference with the role of the judiciary.
Answer to Question 2
Judges exert a great deal of discretion in sentencing offenders. Society expects sentences to be appropriate to the seriousness of the criminal act that incarcerates violent offenders and prevent innocent people from becoming victims of crime. The determinate sentence imposes a sentence for a definite term. Judges have less discretion in this type of sentence. The indeterminate sentence frequently causes sentence disparity. It allows judges little discretion as parole boards decide when to release an individual.
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