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Indeterminate sentencing is a system of sentencing in criminal justice where a sentence includes a range of years, rather than a set amount of time. The actual length of the sentence is not determined by the court, but by a parole board or similar authority within the correctional system.

History

The concept of indeterminate sentencing originated in the 19th century as part of the reform movement in criminal justice. It was based on the belief that rehabilitation was possible for all criminals, and that the length of a sentence should be determined by the progress a prisoner makes towards rehabilitation, rather than by the nature of the crime committed.

Process

In an indeterminate sentencing system, the court sets a minimum and maximum term for each sentence. The prisoner is eligible for parole after serving the minimum term, but may be kept in prison up to the maximum term if the parole board determines that he or she has not made sufficient progress towards rehabilitation. The parole board reviews each case periodically, usually once a year, to determine whether the prisoner is ready for release.

Criticism and Reform

Indeterminate sentencing has been criticized for being too lenient on criminals, for allowing too much discretion to parole boards, and for resulting in unequal sentences for similar crimes. In response to these criticisms, many jurisdictions have moved towards determinate sentencing, where the court sets a fixed term for each sentence, with limited possibilities for reduction.

See Also

• Determinate sentencing
• Parole
• Rehabilitation (penology)
• Sentencing (law)