Determinate Sentences

When someone is convicted of a crime that carries a determinate sentence as opposed to a concurrent sentence, that person will have to serve a sentence that is handed down to each person convicted of that same crime. The sentence is defined by law and non-negotiable. Where with many crimes the judge and jury choose the sentence, some crimes have their determinate sentences defined by a statute, and a convicted person receives that sentence automatically.

A determinate sentence is typically a minimum. A convicted person could serve more than the determinate sentence but not less. When a determinate sentence is considered a "fixed" sentence, the judge can still add onto the sentence if he or she feels the crime warrants a more severe punishment than the statute allows for. But even when the determinate sentence seems far too harsh in a particular case, the judge cannot lessen the sentence.

Why We Have Determinate Sentences

Determinate sentences don't allow for any consideration of an individual case when determining the punishment. Everyone convicted of a certain type of crime must serve a minimum sentence, without regards to any circumstances. The belief that punishment deters crime fueled the US movement toward determinate sentences in the 1980s.

Determinate sentences are required in every conviction, without regards to the circumstances surrounding the crime, the age or health of the convicted person, or anything that might be taken into consideration if a judge were left to choose the sentence.

Determinate Sentences and Drug Convictions

A number of determinate sentences have now been applied to various drug-related convictions that cause controversy because of the one-size-fits-all sentence that very often doesn't seem to fit the crime. Three felonies in many states invoke the "3 strikes" law, and comes with a determinate sentence that can put a person in prison for life. Often first offenders even in non-violent crimes end up with harsh penalties while repeat offenders serve less time after making deals with law enforcement. The imbalance caused by such practices makes the idea of determinate sentences a controversial one.

While the reasons behind the passage of determinate sentences were intended to curb drug use, discourage crime and to put habitual offenders behind bars for prolonged periods of time, the lack of compassion and sometimes logic or common sense in some of the sentencing makes determinate sentencing something that even some judges have fought against over the years.

Until the statues themselves are removed from the books, however, or new sentences are invoked, those convicted of certain crimes must serve the determinate sentence defined by statute for that crime.

Get Immediate Defense Assistance