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War on drugs domestic policy
War on drugs domestic policy
Mandatory minimum sentencing in the united states
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Mandatory minimum sentencing laws for criminal offenses started in the 1970s and continued throughout the 1980s and the 1990s. States that implemented such laws sought to reduce drug use and crimes; control judicial discretion over sentencing; increase sentences for serious and violent offenders; and to send a message to the general public that serious action will be taken for violations related to drugs and repeatedly committing other crimes. Mandatory minimum sentencing laws set minimum sentences for certain crimes that judges cannot lower, even for extenuating circumstances. The most common of these laws deal with drug offenses and set mandatory minimum sentences for possession of a drug over a certain amount (American Civil Liberties …show more content…
Jarecki, teases out racism as the center piece of the drug war, new sentencing guidelines and the resulting prison enterprise. He dared to broach the subject of an era when state and local government do not have the cash to provide basic services to their citizens there was the foresight to continue making numerous arrests for nonviolent drug offenses and create prison enterprise to house them. In my opinion, the enterprise at the time was only known to politicians, correctional institutions and private contractors. Then, with almost laser-guided precision a disproportionate burden of the sentences fell on African Americans. Mr. Jarecki is direct his statements that American drug laws are laden in racism. Time and again, politicians have criminalized the habits of certain groups of people to fulfill an agenda unbeknownst to the intended target. With this theory in mind, the latest strategy was seemingly designed for African Americans, but other ethnic groups have been targeted in the past. There was opium as an illicit drug connected Chinese immigrants at the turn of the century. We completely ignored, during the same time Americans used opium in elixirs and tinctures for medicinal purposes (Dial, 2013). Later there was hemp linked to Mexicans immigrants, the marijuana of the day. There was not much to hide about the fact that both Mexicans and Chinese had incredible work ethic, and the willingness to take low wages. This notion ultimately meant
Since the Reagan officials tried harder to stop the Drug Enforcement Administration from exposing the illegal activities that were taking place, the more violence was being caused in these inner city neighborhoods, which lead to more arrests for possession. Now, Michelle explains how the War on Drugs has the most impact on African Americans in these inner city neighborhoods. Within the past three decades, US incarceration increase has been due to drug convictions, mainly. She states that, “the US is unparalleled in the world in focusing enforcement of federal drug laws on racial and ethnic minorities.”(Alexander2016). The percentile of African American men with some sort of criminal record is about 80% in some of our major US cities(Paul Street, The Vicious Circle: Race, Prison, Jobs, and Community in Chicago, Illinois, and the Nation (Chicago Urban League, Department of Research and Planning, 2002). MIchelle referred to these becoming marginalized and calls them “ growing and permanent undercaste.” (Alexander2016, pp
Human rights experts have reported that in the 70s, African Americans in the U.S were already being overrepresented in drug arrests, with twice as many arrests as Caucasians (Fellner, 2009). Since the war on drugs began, African
Jones, C. (2009). Ineffective, Unjust and Inhumane: Mandatory Prison Sentences for Drug Offences. The John Howard Society of Canada.
Mass Incarceration: The New Jim Crow is the direct consequence of the War on Drugs. That aims to reduce, prevent and eradicate drug use in America through punitive means. The effect of the war on drug policies returned de jure discrimination, denied African Americans justice and undermined the rule of law by altering the criminal justice system in ways that deprive African Americans civil rights and citizenship. In the “New Jim Crow” Alexandra argues that the effects of the drug war policies are not unattended consequences but coordinated by designed to deny African Americans opportunity to gain wealth, be excluded from gaining employment and exercise civil rights through mass incarceration and felony conviction. The war on drugs not only changes the structure of the criminal justice system, it also changes the ways that police officers, prosecutors and judges do their jobs.
The War on Drugs is believed to help with many problems in today’s society such as realizing the rise of crime rates and the uprooting of violent offenders and drug kingpin. Michelle Alexander explains that the War on Drugs is a new way to control society much like how Jim Crow did after the Civil War. There are many misconceptions about the War on Drugs; commonly people believe that it’s helping society with getting rid of those who are dangerous to the general public. The War on Drugs is similar to Jim Crow by hiding the real intention behind Mass Incarceration of people of color. The War on Drugs is used to take away rights of those who get incarcerated. When they plead guilty, they will lose their right to vote and have to check application
The criminal justice system has been in place the United States for centuries. The system has endured many changes throughout the ages. The need for a checks and balances system has been a priority for just as long. Federal sentencing guidelines were created to help create equal punishments among offenders. Judges are given the power of sentencing and they are not immune to opinions, bias, and feelings. These guidelines are set in place to allow the judge to keep their power but keep them within a control group of equality. Although there are a lot of pros to sentencing guidelines there are also a lot of cons. Research has shown that sentencing guidelines have allowed the power to shift from judges to prosecutors and led to sentencing disparity based on sex, race, and social class.
United States Punishment and Prejudice: Racial Disparities in the War on Drugs (Vol.12, No.2 (G)). New York: Human Rights Watch. Retrieved April 12, 2005, from Human Rights Watch Web site: http://www.hrw.org/reports/2000/usa/Rcedrg00-01.htm. ACA Policies and Resolutions -. (2004, October ). The.
Between 1993 and 1995, twenty four states enacted three strikes sentencing policy which calls for much harsher sentencing of repeat felony offender. Most sentences for these repeat offender called for a minimum punishment of a life sentence with possibility of release until twenty five years have been served (1 Marvell, Moody 89). These laws where created to target and punish what lawmakers believed to be the small percentage of criminals that where committing the majority of serious crimes such as murder, rape, kidnaping, aggravated robbery, aggravated assault, and sexual abuse.
With everything in life, we can work to fix injustices and a problem in society, but trying to fix what was wrong not only takes time, but also may be imperfect. As mentioned previously race played and still does play a large role in how crime is treated in the United States. This article explains how the racial disparity is not a coincidence and the article provides facts of the disparity, and what the Fair Sentencing Act does. The author begins the article by chronologically exploring the details of how the disparity began. The Anti- Drug Abuse Act of 1986, which was introduced in the Reagan-era, was responsible for the disparity. The Act stated that 1 gram of cocaine was equal to 100 grams of crack (Davis 2011). An extremely large difference. She ends the article explaining that despite the fact that there is a decrease in the ratio, it is still unfair. The Fair Sentencing Act only works to reduce the disparity and does not eliminate it completely (Davis 2011). While the ratio was once 100-1(crack to cocaine), the Fair Sentencing Act of 2010 brought it down to 18-1.
The war on drugs has been a big problem for years, a lot of years. The number of African Americans in prison has also been a big problem in the United States. Both of these problematic issues have come together, bigger than ever. A lot of African Americans are in jail because of drugs. Michelle Alexander wrote a book named, The New Jim Crow, that she talks about how the Jim Crow era and how it never left. Today, in this country, we still have a lot of segregation and discrimination happening. In her chapter called Color of Justice, we read a lot about how in the Drug War, your skin color counts. I will also talk about the Netflix documentary named 13th directed by Ava DuVernay, which explains the thirteenth amendment stops slavery from occurring. In this paper, I will connect the chapter called Color of Justice by Michelle Alexander to the documentary called 13th which shows the illustration of the war on drugs and the unfair consequences toward people of color.
To begin, Mandatory minimum sentences result in prison overcrowding, and based on several studies, it does not alleviate crime, for example crimes such as shoplifting or solicitation. These sentencing guidelines do not allow a judge to take into consideration the first time offender, differentiate the deviance level of the offender, and it does not allow for the judge to alter a punishment or judgment to each individual case. When mandatory sentencing came into effect, the drug lords they were trying to stop are not the ones being affected by the sentences. It is the nonviolent, low-level drug users who are overcrowding the prisons as a result of these sentences. Both the U.S. Sentencing Commission and the Department of Justice have determined that mandatory sentencing is not an effective way to deter crime. Studies show that mandatory minimums have gone downhill due to racial a...
Mandatory minimum sentencing is the practice of requiring a predetermined prison sentence for certain crimes. The most notable mandatory minimums are the ones implemented in the 70’s and 80’s, hoping to combat the rising drug problem. Mandatory minimum sentencing has existed in the United States nearly since its very birth, with the first mandatory minimums being put into place around 1790. Recently, as the marijuana laws of many states have scaled back in severity, the issue of mandatory minimums has caused controversy in the US. There are two distinct sides to the argument surrounding mandatory minimum sentencing.
Sentencing models are plans or strategies developed for imposing punishment for crimes committed. During the 19th century these punishments were normally probation, fines and flat sentences. When someone was given a flat sentence, he or she had to serve the entire sentence without parole or early release. However, by the end of the 19th century the new models were developed. These new models include indeterminate, determinate, advisory/voluntary guidelines, presumptive and mandatory minimum sentencing (Schmalleger & Smykla, 2011).
Firstly, indeterminate sentencing gives a great variety for the judge on how long he can sentence a criminal. In many cases “prison authorities, not the judge, who determined the term of the sentence to be served”. This model worked by giving major power to the officials in power. They are supposed to work with discretion and ability to change the length of the sentence with please, but can result in intentional and unintentional discrimination to the offender. The structured sentencing models were created in order to remove the faults of indeterminate sentencing. Determinate sentencing is a fixed set of incarceration dates for judges to decide upon. The judge uses fixed terms based upon the crime that was committed. The set term to serve can be reduced by help of parole or good behavior. Unlike indeterminate sentencing, in determinate, the offender actually knows when he or she will be released from jail. This sentencing mandate was made to ensure that all offenders receive an equal sentence and are not judged. The judge cannot give a random amount of time just as he pleases, so this helps make trails fair and equal. Secondly, mandatory sentencing is where the judge cannot alter the incarceration time for an offender and mainly it is because they have been drug or firearm charges. A fixed sentence is imposed and guarantees a fair trial that can’t be altered at the judge’s discretion. Under no circumstances can an
Mandatory minimums, harsh prison sentences imposed on offenders by law, where discretion is limited. Offenders, most of the time nonviolent, are faced with prison terms that are meant for a drug kingpin, not a low level first or second time offender. Mandatory minimums have been proven not to be the answer in our criminal justice system and need to be changed. Mandatory Minimums has created a problem within our society where we send everyone to prison and don 't present offenders with better opportunities. We have turned into a society focused on retribution and deterrence, and have forgotten about rehabilitation.