Legal Definitions - determinate sentence

Definition: A determinate sentence is a type of jail or prison sentence that has a specific length and cannot be changed by a parole board or any other agency. The judge must follow the sentence guidelines determined by the law and has little discretion in sentencing. This is different from an indeterminate sentence, where a defendant is sentenced to a range of years and the parole board has the power to decide when the defendant has served their time.

For example, if someone is sentenced to five years in prison with a determinate sentence, they will serve the full five years without the possibility of early release. However, if they were given an indeterminate sentence of one to five years, the parole board could review their case and decide to release them after one year, two years, or any time within the five-year range.

Determinate sentences are only used in a few states, while most states rely on indeterminate sentences.

An example of a determinate sentence is a person being sentenced to ten years in prison for a specific crime. They will serve the full ten years without the possibility of early release.

This definition is important because it explains the difference between determinate and indeterminate sentences, which can have a significant impact on a defendant's time in prison.