Define and discuss determinate sentencing

Question

What will be an ideal response?

Answer 1

• Definite sentence/no discretion – The legislature provides for a specific sentence for each level of offense. For example, all crimes that constitute a class 2 felony require the judge to impose a specific sentence—no deviations permitted.
• Definite sentence/wide discretion – The legislature provides for a range of sentences for each level of offense. The sentence imposed is definite—for a specific number of years—but the judge's discretion is wide.
• Presumptive sentence/narrow discretion – The legislature limits discretion to a narrow range of sentences for each level of offense; for each level, a presumed sentence exists from which the judge cannot deviate, except if aggravating or mitigating circumstances apply, and then in only a limited manner.
• Presumptive sentence/wide discretion – As in the presumptive sentence with narrow discretion, the legislature provides three possible terms for each class of felony. However, although each class has a presumptive sentence, the judge may decrease (for mitigation) or increase (for aggravation) by significantly fixed amounts; for example, a presumptive sentence of 12 years could be decreased to 6 years or increased to 16 years.