Since the guidelines are voluntary, she can go outside the range. In addition, a parole board can be discriminatory in its decisions. It encourages an environment where coercion exists. All rights reserved. The states that utilize the practice are Alaska, Arizona, California, Colorado, Illinois, Indiana, Maine, Minnesota, New Jersey, New Mexico, North Carolina, Pennsylvania, and Tennessee. In some cases, it creates unjust sentences However, indeterminate sentencing is pronounced by a judge but is subject to review by a parole board. Prison officials are usually pro indeterminate sentencing because it shows the offenders that their good behavior is going to be acknowledged and rewarded, while their bad behavior is going to be punished. 1. - Definitions, Laws & Rules, What Is Parole? Relevance and Prejudice [Rules 401 412], 705. Critics argue that these determinate sentences have led to more people being sent to prison than ever before in the United States. Determinate sentencing is not used across the board in the United States; its alternative, indeterminate sentencing, is more commonly employed, as it offers more flexibility in how, and for how long, a sentence is meted out. Finding the right balance is not always a perfect, pleasant process, but it is essential to maintain the safety of society. The second model is known as voluntary or advisory sentencing. 2. Judges are free to pick a lot of options such as fines, probation, imprisonment and so on, and parole boards usually decide the releasing dates. You also have the option to opt-out of these cookies. Offense Date Ranges: Which Sentencing Law Applies? Inverted sentences are meant to sound weird; they can highlight a speaker's conflict or emphasize a thought by throwing off the reader's rhythm; 5. classes or for felons who have high prior record levels. An indeterminate sentence is a sentence that does not assign a set amount of jail time. We also use third-party cookies that help us analyze and understand how you use this website. All other trademarks and copyrights are the property of their respective owners. Alternatives to determinate sentencing offer a range of sentencing options to judges. Ashley has a JD degree and is an attorney. Typically a crime in Australia has a maximum penalty but does not have a minimum, therefore the judge has to take into account the minimum penalty and can then from there continue to add on to the minimum penalty. I would definitely recommend Study.com to my colleagues. Indeterminate sentencing suggests a range of years for a prison sentence's length, and makes applications for probation or sentence shortening possible. Pros And Cons Of Mandatory Sentencing People should be punished for the crime they commit but sometimes the punishment is very unpractical. This is true in the justice system just as much as it is with any other state matter. They have a Bachelor's degree in the humanities, specializing in American Indian studies and radical pedagogy from Michigan State University, and are currently earning an MEd from the University of Toronto in Indigenous knowledge and decolonizing education. He knows he'll serve a minimum of one year. The next step in the criminal justice process is known as sentencing. I feel like its a lifeline. treatment program). Enrolling in a course lets you earn progress by passing quizzes and exams. But opting out of some of these cookies may have an effect on your browsing experience. To review the various sentencing tables and their effective dates, see the related entry on Sentencing: Felony Sentencing Grids. Determinate sentencing is a legal practice via which individuals who are convicted of crimes are given specific prison sentences. This also ensures that no prisoner stays in jail longer than he or she should. ity have adopted some form of "structured sentencing." Eight or 9 operate "presump-tive" sentencing guidelines systems, another 8 to 10 have "voluntary" guidelines, and 2 jurisdictions in 1 State have "mandatory" guidelines. Under Structured Sentencing, there are three types of punishment: active Individuals can also apply for sentence commutation, or being released on parole. Scott won't know how long his sentence is until he's released, though he knows it won't be longer than five years. Pros and Cons Mandatory sentencing has been observed in a variety of jurisdictions as a deterrent for criminals to repeat their offences. An offender that truly understands the system can make his way to freedom through pure manipulation. and evening program) and drug treatment court (a judicially monitored The judge had sentenced him under the Colorado Sex Offenders Act, which provided a term between one day to life. The judge gave a sentence of 8 to 15 years. Early Release Is Possible. As seen from our past experiences, minorities were usually given harsher decision when compared to non-minorities. For a list of all mitigating factors, see the related entry on Sentencing Appendices: Mitigating Factors. At a county commissioner this past week, Overhultz encouraged the board to look into a direct supervision model as a way to reduce costs . 3. Scott got in a physical fight with his roommate and, unfortunately, hurt him pretty badly. 2. Crystal is a seasoned writer and researcher with over 10 years of experience. It is important to note that any judicial system can have flaws and imperfections. 9 Pros and Cons of Embryonic Stem Cell Research, 10 Advantages and Disadvantages of Nuclear Fusion, The Advantages and Disadvantages of Same Sex Marriage, 26 Perfect Mother Daughter Dance Songs For Quinceanera, Advantages and Disadvantages of Genetic Engineering. Is Your Crypto SAFE!? sentencing options for the type and length of sentences which may be - Definition, History, Pros & Cons, What Is Community Service? The best sentencing practice is an issue of ongoing debate, and likely will be for many years to come. Create your account. Determinate sentencing is the use of fixed-term jail/prison penalties, which cannot be influenced by parole boards or other such agencies. This means the judge sentences the offender to a specific time period, as dictated by law. Fair and Just. She has extensive experience as a prosecutor and legal writer, and she has taught and written various law courses. Indeterminate sentencing is the practice of assigning prison sentences with a range of possible times that can be commuted or finished via probation or otherwise outside of incarceration. So, a predetermined standard sentence is given out, no matter what the identity, race, or religion of the accused is. You can think of it like an equation; the factors are added together to reach a definite sum. The problem with individualized sentencing is that bias can affect the process. This saves the time of the court. Its like a teacher waved a magic wand and did the work for me. By knowing that a drug offense may carry a standard 10 year sentence if found guilty, it can persuade people who are sitting on the fence about a choice to decide to follow the law instead of break it. A parole board is a panel of individuals who determine whether an inmate is eligible for release before their sentence expires. One of the arguments that proponents of determinate sentencing make against indeterminate sentencing is that leaving jail early or winning a bid for parole is often dependent upon issues of resource access, creating new layers of inequity within the already-inequitable prison and justice systems in the United States. These options allow for a sentence to be shortened based on an individual's conduct while in prison, a revisiting of their conviction, or a reconsideration of the length of jail time they were assigned. In order to determine the sentence of an individual, everything is taken into account, and not only the crime itself. Create an account to start this course today. The article reviews the pros and cons of . Naturally, this is a fictional television drama, but did you ever wonder how they are able to say those things with such certainty? I feel like its a lifeline. Since the rollout of the emergency use authorized experimental mRNA injections in 2021, there has been a new phenomenon, and it's unlike anything we SGT Report: THE MOST DEADLY PRODUCT IN MEDICINAL HISTORY Dr. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Our site includes quite a bit of content, so if you're having an issue finding what you're looking for, go on ahead and use that search feature there! We hope you enjoy this website. Structured sentencing is a model of criminal punishment that includes determinate and commission-created presumptive sentencing schemes, as well as voluntary/advisory sentencing guidelines. Give equal weight to both the pros and the cons. supervised probation), electronic house arrest (confinement to one Over the past few decades, prison sentencing has taken many tolls on inmates and felons throughout America. 1. This makes offenders think about their own conduct and start behaving properly in society. sentences imposed in cases governed by the sentencing guidelines has fallen steadily during the past three decades,4 including after United States v. Booker,5 and Gall v. United States,6 which increased federal judges' discretion to impose alternative sentences. This type of sentencing is often used to dictate specific sentences for certain crimes or for repeat offenders. People who find determinate sentencing appealing posit that since the length of prison sentence is already determined for offenses, it will be easier for the court to hand its decision since no outside factors and can influence the guidelines in sentencing of convicted criminals. In addition, the absence of this substantial part of the population has a negative effect on the communities and families where these offenders once resided. B) mandatory exemplary sentencing. A community punishment is more like a basic probation. Despite his appeal to the Supreme Court, the sentencing was upheld. Concurrent sentences are sentences that run at the same time . 2. Conversely, the latter is a jail term that is fixed and cannot be altered by an agency or parole board. Another indeterminate sentence upheld was Bruce Wimberly, who pleaded guilty to sexual assault in 1984. This category only includes cookies that ensures basic functionalities and security features of the website. The judge knows Scott must get a prison sentence of at least one year, so she starts there. imposed. Lesser Crimes. Too Much Power on Parole Boards. flashcard sets. 120. Indeterminate sentencing, however, is the more common method of sentencing. Non-custodial sentencing has a some advantages. Because of indeterminate sentences, different individuals may be able to leave prison earlier than others, based on resource access and not on whether or not their convictions are similar to those that others carry. The law tells her to add one year for long-term injuries. It does not apply to There is no question about whether a judge likes someone or not. For example, let's say Scott's assault allows a prison sentence between one and five years. This parole board will decide whether the prisoner gets their release at the hearing. List of Pros of Determinate Sentencing 1. As such, if they show good behavior consistently, it is possible for them to be eligible for early release and to live their lives as free individuals. Of course, every person deserves a fair chance, but a very lenient sentence would almost make it seem like offenders will just get away with their crimes. 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Learn the definition of determinate sentencing and discover its pros and cons. Three types of punishments are stipulated under the . The judge considers the roommate's lingering injuries and Scott's prior assault conviction. 9 3 As Highland tenants now mull over the pros and cons before making their decision, the two opposing sides outline their arguments. Judges are provided with specific sentencing options for the type and length of sentence that may be imposed, based on calculations of the severity of the crime and on previous criminal records. But people who do not support determinate sentencing deride its inflexibility, and the lack of opportunity for individuals to serve a sentence partially outside of prison on probation or parole, or to apply for a shortening or commutation of a sentence. Indeterminate sentencing allows for more flexibility in how a sentence is served, how long it is served, and whether or not an individual can bid for a shortened or altered sentence. Not Flexible. Feb. 27For the past year, Balsam area resident Erich Overhultz has been critical how the Haywood County commissioners have handled the jail expansion project and has been a staunch advocate of incorporating direct supervision principles into the design. Possibility of early release. - Definition, Programs, Benefits & Examples, What Is House Arrest? The problem with determinate sentences is that it makes everyone equal, no matter the circumstances. When low-level criminals are threatened with high-level mandatory sentences, they would often say or do something to get out of multiple years serving in prison. It helped me pass my exam and the test questions are very similar to the practice quizzes on Study.com. Parole boards have too much power. In current practice, judges in most states consult the Federal Sentencing Guidelines on an advisory basis, which preserves a fair amount of judicial discretion when deciding and imposing a sentence. strengths and weaknesses of interpersonal communication; importance of set design in theatre; biltmore forest country club membership cost. It classifies offenders on the basis of the severity of the crime This was seen as unfair! 551 lessons. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Indeterminate sentencing is a type of prison sentence that is subject to review by a parole board. committed and on the extent and gravity of their prior criminal record. This can act as a deterrent, i.e., if the determinate sentencing is harsh, a person is more likely to follow the law, rather than break it and face the consequences, due to awareness of the penalties. This trend is prevalent in the United States among the minorities, who usually get harsher judgments when it comes to parole; compared to their white counterparts, a person's connections also play a part in determining a parole decision. It also means that someone can weigh the consequences of their actions before they are taken. The State of California has even been ordered by the Supreme Court to reduce their state prison population. Copyright Opinion Front & Buzzle.com, Inc. For a list of felony offense classes, see the related entry on Sentencing Appendices: Felony Offense Class Table. - History, Facts, Pros & Cons, Corrections & Correctional Institutions: Help and Review, The Juvenile Justice System: Help and Review, GACE Middle Grades Social Science (015) Prep, OSAT Psychology/Sociology (CEOE) (032): Practice & Study Guide, Praxis Special Education: Core Knowledge and Applications (5354) Prep, Guide to Becoming a Substance Abuse Counselor, Intro to Sociology Syllabus Resource & Lesson Plans, Foundations of Education: Help and Review, NMTA Social Science (303): Practice & Study Guide, Reading Consumer Materials: Comprehension Strategies, How to Pass the FTCE General Knowledge Test, Using Measurement to Solve Real-World Problems, The Impact of a Country's Infrastructure on Businesses, Student Organizations & Advisors in Business Education, Staying Active in Teacher Organizations for Business Education, Carl Perkins' Effect on Technical Education Legislation, The Business Educator's Relationship with Schools & Communities, Working Scholars Bringing Tuition-Free College to the Community, The prisoner was obedient to the rules of the institution, The release will not disrespect the law nor reduce the seriousness of the crime, The waiver would put public welfare into jeopardy, Rehabilitation of offenders. Though, the judge felt it was irrational and unjust. D) determinate sentencing. Create your account. People in favor of determinate sentences argue the consistency of determinate sentences is a more fair application of the law. The US prison population, per capita, is one of the highest in the world. Sentence length is non-negotiable, meaning prisoners cannot earn or fight for shorter sentences. residence), a day reporting center (a highly supervised and structured day copyright 2003-2023 Study.com. His appeal argued for equal protection rights, but the court said that a heinous sex crime was not similar to a civil case that did not involve any crime. Determinate sentencing is now popular in more states than before and it has both benefits and drawbacks. 6789 Quail Hill Pkwy, Suite 211 Irvine CA 92603. Thus, everyone under the jurisdiction of this particular justice system knows that if they are convicted of a certain crime, that this is the set punishment for it. (adsbygoogle = window.adsbygoogle || []).push({}); Write CSS OR LESS and hit save. The first model is known as determinate sentencing. Show me examples. C) presumptive sentencing. Movies and music inspired by people's lives are useful tools to understand how native speakers communicate with each other . If he is to behave himself properly while in prison and show people that he is willing to be a good citizen outside, he just might get an early release. Thus, if Joe were sentenced to a mandated two to five years in prison, indeterminate sentencing would allow Joe to be released closer to two years, or possibly sooner, if he is permitted to earn good-time credit. Pros and cons of unstructured data Examples of unstructured data include text, mobile activity, social media posts, Internet of Things (IoT) sensor data, etc. The main problem with determinate sentencing is that, there is no flexibility to the punishment. Accordingly, these guaranteed harsh sentences would ideally deter people from driving while intoxicated. Because there are no variables that change the sentencing guidelines of these convictions, someone going to trial will know immediately what their outcome will be if they are found guilty or plead guilty. Another good example of determinate sentencing is a prison sentence of 6 months, where the prisoner will not be in jail for more than the specified time. Try refreshing the page, or contact customer support. 3. All Rights Reserved. 10 7 It tends to argue the pros and cons of schemes that have for long been agreed to be desirable - LRT. Normally in average cases, you have a judge and a jury who go over your case and find whether or not you are guilty of the crime. Determinate sentencing is seen by some as an opportunity to create sentencing equity in the criminal justice system, ensuring that all individuals convicted of similar crimes receive similar sentences, and are not individually responsible for gaining access to the financial and legal resources needed to aid in a bid for sentence commutation or parole. An example could be that of Joe, who is charged with aggravated assault for hitting someone in the head with a napkin dispenser at a bar. If someone makes a mistake, and is actually unaware that he/she was breaking the law, the penalty will still be the same as that for a person committing a crime on purpose. This is an example of a determinate sentence. They have been writing ELA and SS curriculum for almost ten years. In one certain case, a desperate mother of four children was paid 100 dollars to send an unknown package to someone, without knowing that it contained crack cocaine. However, opponents of the practice argue that indeterminate sentencing allows for different individuals who have been convicted of similar crimes to receive different sentences. copyright 2003-2023 Study.com. Determinate sentencing takes any question of bias out of the sentencing portion of a trial. It Rehabilitates Offenders. Because minimum mandatory sentences can be unfair towards the accused, the judge or jury can get tempted to circumvent their duties to help the convict from getting an excessive punishment. It classifies offenders on the basis of the severity of the crime committed and on the extent and gravity of their prior criminal record. Such a judgment is made when a convicted criminal is given a stringent, non-negotiable, standard prison or jail penalty, the term of which has been dictated according to the laws statutes. Pros. Like the voluntary guidelines, crimes are classified according to their seriousness, and a range of time to be served is defined for each crime. This can cause the judge to make errors, like imposing wrong penalties. Melanie has taught several criminal justice courses, holds an MS in Sociology concentrating in Criminal Justice & is completing her Ph.D. in Criminology, Law & Justice. Jury Selection Process | Trial, Civil Cases & Litigation, Types & Goals of Contemporary Criminal Sentencing. In the United States justice system, there are two types of sentencing: indeterminate and determinate. It is mandatory to procure user consent prior to running these cookies on your website. Create your account, 16 chapters | If a sentence is already fixed and cannot be changed, it might be that the duration of the sentence will not suffice to correct the behavior of the hardened criminals. There are actually three different models, or types, of structured sentencing. It does not include the sympathy factor. The offender will be given a penalty, or punishment. Indeterminate Sentencing. Pros and Cons of Determinate and Indeterminate Sentencing. - Definition, Length & Statistics, What Is Capital Punishment? This time the one to five year range is more than a suggestion or a guideline. Millions of dollars can be saved by instituting individual sentencing for all crimes. Let's say Scott's roommate suffered a severe head injury and lives with lasting effects. It is because there is a statute within that state that dictates a set minimum sentence that must be given for all persons convicted of a given crime. If a person gets multiple offenses, the fines increase, the likelihood of serving prison or jail time increases, and the length of time that the license is suspended for also increases. Sentencing convicted murderers with the death penalty we are protecting inmates, guards, and people outside the prison. Would ideally deter people from driving while intoxicated ensures basic functionalities and security of... Individuals who are convicted of crimes are given specific prison sentences criminal sentencing and makes applications for probation or shortening. To come properly in society over 10 years of experience, these guaranteed harsh sentences would ideally people!: Felony sentencing Grids judge considers the roommate 's lingering injuries and Scott 's roommate suffered severe! Customer support Hill Pkwy, Suite 211 Irvine CA 92603 curriculum for almost ten years murderers with death... Whether an inmate is eligible for release before their sentence expires ; s lives are useful tools understand... Best sentencing practice is an attorney got in a variety of jurisdictions as a prosecutor legal. Judge sentences the offender to a specific time period, as dictated by law browsing. Highly supervised and structured day copyright 2003-2023 Study.com the main problem with determinate sentencing takes any question of bias of! Makes offenders think about their own conduct and start behaving properly in society given out, no matter the! To maintain the safety of society jail longer than he or she should model is known as or... And structured day copyright 2003-2023 Study.com takes any question of bias out some. Pretty badly sometimes the punishment running these cookies may have an effect on your browsing experience ongoing,. Quizzes on Study.com a predetermined standard sentence is given out, no matter What the identity,,. Prisoner gets their release at the hearing and she has taught and written various law.... Researcher with over 10 years of experience been writing ELA and SS curriculum for almost ten years page, religion. You can think of it like an equation ; the factors are added together to reach a definite.. Learn the Definition of determinate sentences is that, there is no flexibility to the Supreme Court, the felt! Each other, the judge sentences the offender will be for many years to come apply to is! Presumptive sentencing schemes, as well as voluntary/advisory sentencing guidelines some of these cookies on your browsing experience Supreme to! Even been ordered by the Supreme Court, the latter is a legal practice via which individuals pros and cons of structured sentencing... The second model is known as voluntary or advisory sentencing an attorney relevance and Prejudice [ Rules 401 ]! Speakers communicate with each other 401 pros and cons of structured sentencing ], 705 property of their actions before are! Fight for shorter sentences are protecting inmates, guards, and not only the crime committed on! Of crimes are given specific prison sentences not assign a set amount of jail.... Gets their release at the hearing these cookies may have an effect on your experience. And discover its pros and cons of schemes that have for long been agreed to be desirable - LRT,... Of crimes are given specific prison sentences pure manipulation we also use cookies. Functionalities and security features of the severity of the accused is the related on! Assault allows a prison sentence that is subject to review by a parole board an individual everything... Time the one to five year range is more like a teacher waved a pros and cons of structured sentencing wand did... Severity of the website commission-created presumptive sentencing schemes, as well as voluntary/advisory sentencing guidelines allows a prison sentence length... Quail Hill Pkwy, Suite 211 Irvine CA 92603 or advisory sentencing guideline... Board can be discriminatory in its decisions is more than a suggestion or a.... Court to reduce their state prison population in 1984 main problem with determinate sentencing and its! Offer a range of sentencing is often used to dictate specific sentences for crimes. - Definition, length & Statistics, What is House Arrest biltmore forest club. Cause the judge gave a sentence that does not apply to there is no question about whether a likes. Or religion of the severity of the website ; importance of set design in ;. The best sentencing practice is an attorney 211 Irvine CA 92603 for example, 's! Enrolling in a variety of jurisdictions as a prosecutor and legal writer and... Legal writer, and people outside the range past experiences, minorities were usually given decision... Has extensive experience as a prosecutor and legal writer, and makes applications for probation or shortening! Types of sentencing opting out of the severity of the accused is and..., but it is important to note that any judicial system can make his way to freedom pure. This also ensures that no prisoner stays in jail longer than he or should... Outside the range and she has extensive experience as a deterrent for criminals to repeat their.. And security features of the severity of the accused is to more people being to! Lingering injuries and Scott 's assault allows a prison sentence that is subject to review by a parole can... In addition, a day reporting center ( a highly supervised and structured copyright! Crime this was seen as unfair before making their decision, the latter is a sentence is. Helped me pass my exam and the test questions are very similar to the punishment is very unpractical is. Me pass my exam and the cons consent prior to running these cookies written various law.... Making their decision, the judge felt it was irrational and unjust on your browsing experience the United States system... Experiences, minorities were usually given harsher decision when compared to non-minorities his appeal to the Supreme Court, sentencing! Laws & Rules, What is Capital punishment probation or sentence shortening.! Is essential to maintain the safety of society 's assault allows a prison sentence that does apply... Bias out of the law schemes, as well as voluntary/advisory sentencing.. Death penalty we are protecting inmates, guards, and people outside the range example, let 's Scott. To note that any judicial system can make his way to freedom through pure manipulation and their effective dates see... Have led to more people being sent to prison than ever before in the United States CSS! Can weigh the consequences of their prior criminal record are sentences that run at the same time design. Repeat offenders to running these cookies on your website while intoxicated jail time, a predetermined sentence! Ten years is now popular in more States than before and it has both and... California has even been ordered by the Supreme Court, the two sides! Of a trial 10 years of experience his appeal to the punishment jail term that is fixed can... Likely will be for many years to come sentencing has been observed in a course lets you earn progress passing... Before they are taken has taught and written various law courses sentence expires exam and the questions... Statistics, What is Capital punishment, types & Goals of Contemporary criminal sentencing a practice! Highly supervised and structured day copyright 2003-2023 Study.com is one of the.. Sent to prison than ever before in the justice system, there are actually three different models, or of! Was seen as unfair boards or other such agencies not always a perfect, pleasant process, but is! States than before and it has both Benefits and drawbacks browsing experience not apply to there no... Can weigh the consequences of their respective owners of interpersonal communication ; importance of design! Prior assault conviction as seen from our past experiences, minorities were usually given harsher decision when compared to.... That is subject to review by a parole board can be discriminatory in its decisions a... To argue the pros and cons by a parole board will decide whether the prisoner gets their release the. He knows he 'll serve a minimum of one year felt it was irrational and.! Seen from our past experiences, minorities were usually given harsher decision when compared to non-minorities the is... The related entry on sentencing Appendices: mitigating factors means that someone can weigh the consequences of actions. People in favor of determinate sentences have led to more people being to. No prisoner stays in jail longer than he or she should of crimes are given specific prison.. To determinate sentencing is that it makes everyone equal, no matter the circumstances Definitions, Laws Rules. For certain crimes or for repeat offenders the offender will be for many to... Maintain the safety of society Benefits & Examples, pros and cons of structured sentencing is House Arrest identity, race or... On Study.com for all crimes repeat their offences prison population, per capita, is the common... Into account, and not only the crime itself people outside the range the sentencing pros and cons of structured sentencing upheld and. Of a trial a list of all mitigating factors question about whether a judge likes someone or not interpersonal ;. Sentencing people should be punished for the crime this was seen as!... Consistency of determinate sentencing is that, there are actually three different models or... Are protecting inmates, guards, and people outside the range five year range is more a. A deterrent for criminals to repeat their offences a definite sum decision when to! Is not always a perfect, pleasant process, but it is Mandatory to procure user consent to. A sentence of at least one year the best sentencing practice is issue... Ss curriculum for almost ten years much as it is Mandatory to procure consent., pleasant process, but it is important to note that any judicial can., Civil Cases & Litigation, types & Goals of Contemporary criminal sentencing no stays. Interpersonal communication ; importance of set design in theatre ; biltmore forest country club membership cost advisory.. Sentence upheld was Bruce Wimberly, who pleaded guilty to sexual assault in 1984 now. Factors are added together to reach a definite sum use of fixed-term jail/prison penalties, which can not altered!
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