Legal Definitions - indefinite sentence

An indefinite sentence, also commonly referred to as an indeterminate sentence, is a type of criminal sentence where a judge imposes a range of time, rather than a fixed period, that an offender must serve in prison. This range includes both a minimum and a maximum term. The actual release date within this range is later determined by a parole board or similar correctional authority, which considers factors such as the offender's behavior, participation in rehabilitation programs, and the risk they pose to public safety.

Here are some examples to illustrate this concept:

• Example 1: Robbery Conviction

  A person is convicted of armed robbery. Instead of sentencing them to a fixed term like "10 years," the judge imposes an indefinite sentence of "5 to 15 years." This means the offender must serve at least 5 years, but could potentially serve up to 15 years. After serving the minimum 5 years, they become eligible for parole. The parole board will then review their case, considering their conduct in prison, any completed rehabilitation programs, and their likelihood of reoffending, to decide if they should be released before serving the full 15 years.

• Example 2: Juvenile Offender

  A 17-year-old is found guilty of a serious assault. Given their age and potential for rehabilitation, the court imposes an indefinite sentence of "2 to 7 years" in a juvenile detention facility, with the possibility of transfer to an adult facility later. This sentence allows the correctional authorities to monitor the individual's progress, educational attainment, and participation in therapy. If they show significant improvement and are deemed no longer a threat, they could be released closer to the 2-year mark. Conversely, if they fail to engage in rehabilitation or exhibit continued problematic behavior, they could remain incarcerated for a longer period, up to 7 years.

• Example 3: Drug Trafficking

  An individual is convicted of large-scale drug trafficking. The judge hands down an indefinite sentence of "10 years to life." This means the offender must serve a minimum of 10 years before being considered for parole. The "life" component signifies that if the parole board determines the individual has not been rehabilitated or continues to pose an unacceptable risk to society, they could remain incarcerated for the rest of their life, never reaching a fixed release date. This structure allows for ongoing assessment of the offender's transformation and public safety implications.