Criminal Justice Practice Exam

In what type of sentencing does the legislature determine a range for sentences based on the crime's seriousness?

1. Presumptive sentencing

2. Indeterminate sentencing

3. Determinate sentencing

4. Flat-time sentencing

The correct answer is: Presumptive sentencing

Presumptive sentencing is a type of sentencing where the legislature establishes a sentencing range for specific crimes based on their severity. This range allows judges some discretion to determine the appropriate punishment within those limits while still maintaining accountability to legislative guidelines. In the context of presumptive sentencing, judges often consider various factors such as the offender's criminal history, the circumstances of the crime, and any potential mitigating or aggravating factors before deciding on a sentence that falls within the established range. This system seeks to ensure consistency and fairness in sentencing while allowing for individual case considerations. Understanding the differences, indeterminate sentencing involves a range without a fixed term, allowing for parole based on behavior and rehabilitation, while determinate sentencing provides a fixed term with no parole. Flat-time sentencing indicates a uniform sentence for specific crimes, but does not allow for any range as seen in presumptive sentencing. Hence, the correct choice reflects the structured framework established by the legislature for varying degrees of crime severity.