Criminal Justice Practice Exam

Which type of sentencing allows judges discretion within a set range of years for a sentence?

1. Presumptive sentencing

2. Indeterminate sentencing

3. Determinate sentencing

4. Flat-time sentencing

The correct answer is: Indeterminate sentencing

Indeterminate sentencing allows judges the discretion to impose a sentence that falls within a specified range of years. This means that rather than assigning a fixed term, a judge can decide on a minimum and maximum duration for incarceration. For example, a judge might sentence someone to a range of 5 to 15 years, granting the possibility of parole or early release based on the offender's behavior, rehabilitation progress, and other relevant factors during their incarceration. This flexibility serves various purposes, including encouraging rehabilitation by providing incarcerated individuals with incentives to engage in positive behavior and counseling, while also allowing judges to consider the specifics of each case. By contrast, presumptive sentencing establishes a standard sentence for a particular offense but still may offer a limited range; determinate sentencing imposes a fixed sentence with no discretion for parole adjustments; and flat-time sentencing refers to serving the entirety of the sentence without the possibility of parole and is not characterized by the discretion afforded by indeterminate sentencing.