Reading this piece in today’s New York Times about a father and son who were sentenced to ‘25 to 50 years’ imprisonment, reminded me that I really don’t understand how such sentences work (we don’t have them in Canada - well, at least I don’t think we do). When a range is given, how is it determined when the sentence is over? Or, maybe the sentence always runs for the maximum duration but the timing of parole eligibility varies?
As a bit of a follow-up to my own question, what is the ostensible purpose of imposing a sentence of uncertain duration? I assume it’s to encourage good behaviour but then have to wonder how that differs from the purpose of parole.
The general reason is that you can “earn” time off your sentence by good behavior, proper displays of remorse, etc. It gives the authorities some extra leverage to modify prisoner behavior.
Speaking for NY specifically,( since that’s the state I know) the minimum of an indeterminate sentence is when the prisoner is eligible for parole. Once these men have served 25 years they will be eligible for parole , although they are not guaranteed to be paroled that time.
I believe at the time these men were sentenced, they could earn up to 1/3 of the sentence off for good behavior. Assuming they didn’t lose any “good time” for misbehavior while in prison, they will be “conditionally released” after serving 2/3 of the maximum (33 years and 4 months).
Whether they are paroled or conditionally released, they will remain under supervision until either the fifty years has run or until they are granted some sort of early discharge from supervision.
The indeterminate sentence is the way a parole eligibility date is set (minimum ) and determining how long incarceration/supervision should last in total (maximum)