Split sentencing is a practice that is not strange to the court system of America and the world over. A split sentence is where a convicted felon spends half of his time behind bars in prison, and the other half of his sentence outside prison on probation. However, the probation duration cannot exceed a total of five years. The inmate who is eligible for split sentencing varies from state to state in the US.Using Alabama as an example, a convicted sexual offender whose victim was a minor can never be granted a split sentence. A jail bird whose sentence is more than 20 years is also not legible for a split sentence. The bottom line is, every state has guidelines on who may receive a split sentence and who is not entitled to receive one.
However, a split sentence has consequences demands and responsibilities that a successful applicant has to deal with. A good example of this is when an inmate wishes to be considered for a split sentence, yet he is supposed to be in jail for the whole of his sentence. In orderto stand a chance of a split sentence, he will have to accept the possibility that his sentence may be increased so that a split sentence may be agreed upon. Defendants have to agree to regular monitoring from law enforcers. This may prove to be inconvenient for some people.Also, during probation, the defendants must complete several tasks, like meeting with a probation officer regularly, completing an alcohol or drug treatment program or in most cases, completing certain hours of community service per week while on probation.
Examples of Split Sentencing Successes and Failures
Raphael Johnson is a good example of the power of split sentencing if it is embraced. Johnson is an advocate who works with trouble teens; he is also a motivational speaker who has specialized in conflict resolution. Just recently, he won the primary election for the Detroit City Council. Prior to all this, at the age of 17, he shot and killed a reveler at a party. He narrowly escaped life without parole. Parole gave him the hope and the drive for change. Charles Dutton is a renowned actor and a graduate from Yale School of Drama. Prior to this, he had been convicted for manslaughter at the age of 17 because of a street fight, where he stabbed to death, his assailant. His turning point in life came when he was released on probation. This gave him hope of a better future and he took that chance.
Clifton Bloomfield was released on probation and he ended killing up a prominent Korean American couple in 2007 in Northeast Heights. Brandon Craig is another one. He was on probation in 1999 when he killed three teens in East Mountains. It was until 2006, when it was discovered that he was on probation at the time of the 1999 killings in East Mountains. These are classic examples of probation gone haywire.
Based on my research, I believe split sentencing is a great solution for juvenile offenders, if the right candidates are chosen for split sentencing. The greatest challenge for the court systems however, is deciding who ought to receive a split sentence and who is to be rejected. It is extremely difficult to determine the reaction of an offender once they are on probation. They can decide to change for the better or for worse. Clear cut procedures need to be drafted on the process of awarding split sentences not only to juveniles but also adults.
I do not agree with the people opposing split sentencing for juveniles. It is not true that giving them split sentences is making them get off easy. The truth is, when a minor commits a crime in almost all cases it’s as a result of influence from adults. They minors may be in gangs and they act as foot soldiers. They do not fully comprehend the consequences of their actions at the time of committing the crimes. Some of them are just looking for acceptance and a sense of belonging but they go look for that in the wrong places.
References
Levin, T. (1966).Toward a More Englightened Sentencing Procedure. Neb. L. Rev., 45, 499.
Myers, M. A., &Talarico, S. M. (1987). The social contexts of criminal sentencing (p. 1). New York: Springer-Verlag.
Perlmutter, D. M., & Ross, J. R. (1970).Relative clauses with split antecedents. Linguistic Inquiry, 350-350.
