Arguments Against Mandatory Sentencing

1812 Words4 Pages

Sentencing is defined as the punishment given to an individual who has committed a crime. Sentencing and punishment is nothing new to criminology and has been the pivotal part of the criminal justice system since it began; what is in question is how that sentence will affect the individual and the greater society in the long term; sentencing and punishment although a prominent part of the system has not received major change since the implementation of classical theory and may need so due to the current changes emerging in society. Females have often been subject to inequality within the criminal justice system in regards to sentencing and crimes committed. This essay will conclude which argument proposes a better answer to sentencing and punishment …show more content…

Those in society who are poorer are more likely to be subject of mandatory sentencing schemes as seen in California when a man was incarcerated for 25 years for stealing a piece of pizza (vitiello 1997, p396). Summary offences should not be the target of mandatory sentencing, and only indictable offences to severely punish those who have less discipline to reform. Furthermore, legislation cannot define the conditions in which crimes are committed; this removes individual discretion on the case and creates a robotic society where humans no longer have the capability to understand …show more content…

Sentencing for a fixed period of time removes that notion. As previously outlined there is the possibility of unequal treatment of offenders who have done equal wrong (Braithwhite & pettit 1990, p21), the issue here is the introduction of mandatory sentencing becomes, parliament vs judges, which I feel judges who have actively seen the system in work for a number of years would be able to attend to more consistent results. Discretion is unavoidable in the criminal justice system (Brown et al. 2001, p121.) Judges and Juries are in a position to adapt to the case and review the sentence so it fits the nature of the offender and circumstances, where fixed sentencing does

Open Document