This paper introduces a post-sentencing phase. It presents time-served credits during the court process, a percent of offenders’ original sentences that are typically served in prison, factors that affect gain-time, and strategies, such as parole.
In criminal law, the term “time served” characterizes a sentence where an accused is credited instantly after a guilty verdict coupled with the time that was spent in an investigative isolation ward. Usually, the time is calculated from the sentence, and only the remainder being served after that guilty verdict.
For instance, Martha Stewart’s final verdict in the trial was that she was considered to be guilty, and consequently, her sentence was the credit for time serve (her credit was 279 days). In this case, Martha was instantly released. Moreover, time served can get some credit at a different rate than common incarceration.
Gain-time is a mechanism according to which different departments have an opportunity to motivate the prisoners to take part in different work programs, and to promote good behavior. Thus, the factors that affect gain-time can be: prisoners’ works, participation in various programs, some outstanding deeds, such as helping in catching an escaped prisoner, etc.
The majority of released prisoners have significantly declined over the last twenty years. The offenders, who were included in the system in 1986, only served 58 percent of the time whereas the offenders, who were included in the system in 1997, served 87 percent of their sentence. The time served in prison is about 3 1/2 years.
Parole is a denial of state bodies involved in criminal prosecution from the actual application of the measures of punishment towards a convicted person.
Furthermore, parole is a prisoner’s release before the end of his/her sentences in prison. It can be differed from commutation of sentence to amnesty. Before the offenders will have the opportunity to apply for parole, they must actually serve a portion of the sentence. According to Hipolito (2009), “Factors that indicate parole suitability include whether the crime resulted from significant stress, lack of a juvenile record, stable social relationships, remorse, lack of criminal history, advancing age, realistic future plans, and positive prison conduct” (p. 1889).
In conclusion, it is possible to say that the post-sentencing phase is considered to be a significant part of the judicial phase that helps the offenders in their rehabilitation and reintegration into the community.
Hipolito, J. (2009). In re Lawrence: Preserving the Possibility of Parole for California Prisoners. California Law Review, 97(6), 1887-1897.
Voorhis, P., Braswell, M., & Lester, D. (2000). Correctional Counseling & Rehabilitation (4th ed.). Cincinnati: Anderson Publishing Co.