Josh Bruns

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Definition
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• The prison term imposed after a conviction for a crime which does not state a specific period of time or release date, just a rang of time, such as
“five-to-ten years”.
Rehabilitation
Discretion of Parole Board

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Very prominent policy until 1970s
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• Changing times in U.S.
Drew criticism
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• Both Left and Right
War on Drugs
• Reagan Administration

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Incarceration Rates exploded from 1970 until today
United States: 390%
• 1970: 87 inmates per 100,000 residents
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• 2002: 427 inmates per 100,00 residents
Delaware: 1,264%
North Carolina: 124%

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Utilitarian
Principle
• All decisions should be made according to what is best for the greatest number
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Ethics of Virtue
• Bases ethics largely upon character and possession of virtues
Principle of the
Golden Mean
• Aristotle's concept of moderation, in which one should not err toward excess or deficiency

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Utilitarian
• Indeterminate
Sentencing designed for rehabilitation
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• Rehabilitated through prison programs
Incentive to early release
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Ethics of Virtue
• What reasons for completing such programs
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• Rehabilitation or to be released early
Principle of Golden
Mean
• Range of sentencing

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Sentencing to Individuals
• Each offender is different
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 Support, criminal history
Rehabilitation
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• Improving person to become better member of society
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• Incentives
Public Safety
Released upon rehabilitation

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Certain Level of Disparity
• Different offenders, same offense, different release time
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• Public perception
Inadequate Implementation of
Rehabilitative Programs
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• Vocational Training
Education

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For Indeterminate Sentencing
Incentives to become rehabilitated
Chance to lower incarceration rates
Better for society


Bergstrom, M. H.,Dermody, F., Chanenson S, Hyatt J. The Next Era of
Sentencing Reform… Revisited. Federal Sentencing Reporter [serial online]. February 2009;21(3):203-210.
Available from: Academic Search
Complete, Ipswich, MA. Accessed May 2, 2013
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Hill, G., & Hill, K. (2005) Indeterminate Sentence. Legal Dictionary.
Retrieved May 3, 2013
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Mauer, M. (2001). The Causes and Consequences of Prison Growth in the
United States. Punishment & Society, 3(1), 9.
O’Hear, M. M. (2011). BEYOND REHABILITATION: A NEW THEORY OF
INDETERMINATE SENTENCING. American Criminal Law Review, 48(3),
1247-1292.
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Pollock, J. (2012). Ethical Dilemmas and Decisions in Criminal Justice (8th ed.). Belmont, CA: Wadsworth Cengage Learning.
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Tonry, M. Reconsidering Indeterminate and Structured Sentencing.
Alternatives to Incarceration. Summer 2000:17-21. Available from: ProQuest
Criminal Justice. Accessed May2, 2013