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Mandatory minimum sentencing pros and cons
Mandatory minimum sentencing pros and cons
Mandatory minimum sentencing pros and cons
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I will be explaining how I feel bout mandatory minimum sentences and if they have had a positive impact on reducing crime in the U.S. (Schmalleger & Smykla, 2015). I will be explaining the why or why not of mandatory sentencing.
Do you feel that mandatory minimum sentences have a positive impact on reducing crime in the US? Why/ Why not? The way I feel about mandatory minimum sentencing is that it has worked in the short term and has gotten violent criminals off the street mostly involving handguns and drugs with longer mandatory sentences (Schmalleger & Smykla, 2015). I have found that using mandatory minimum sentencing ensures that anyone who commits a certain crime gets a just punishment that cannot be avoided (Larkin
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I found that minimum mandatory sentencing does not reduce crime such as sentencing a lower level drug dealer to a mandatory sentence will not stop the drugs from getting to the street (Larkin & Bernick, 2014). They will just replace that dealer with a new dealer. I believe that the biggest reason that minimum mandatory sentencing does not work is that it is not cost effective to the court system or the correction system if shorter sentencings have the same effect as longer sentencings. Therefore, having minimum mandatory sentencing have good intentions, in theory, to get offenders off the streets longer for certain crimes and makes the communities safer (Schmalleger & Smykla, 2015). With good intentions comes some backlash such as, is it cost efficient to the courts and the correctional systems? Do the longer sentencing terms deter the offenders from committing more crimes than a shorter sentence? In my opinion, my answer is no because studies have shown that crime rates have not changed because of minimum mandatory
...e data I gathered from both sides of the argument, I have come to a conclusion on whether the law is just. Personally, I feel these laws are not as harsh as some people have made them out to be. We must tackle criminals of any kind to maintain a good society. How can we have this good society if habitual offenders keep polluting it? Deterrence seems positively correlated with the facts I presented in the argument that supported the Three Strikes law. Crime went down with the implementation of these laws. My overall thoughts are that if a person cannot grow and learn from their mistakes to become better individuals, then they must be taken off our streets. Criminals are just that C R I M I N A L S. Certain crimes serve as stepping stones to more violent crimes. The threat of these long sentences may stop a second time offender from committing their third offense. This law can help reduce the prison population by serving as a deterrent to these potential repeat offenders.
Sentencing is an extremely individualized basis, which should be treated as such (Pomerance, Renee M, 2013). The causes and effects of each individual situation cannot possibly be summed up into one punishment. Judges are extremely good at their job, and should be able to supply punishments that they believe are fair and just for each individual incident. Canada does not need so many mandatory minimum sentences, and should be allowing the judges to do their job, by using their own discretion. By allowing the judges to think for themselves, and use past judgements on certain cases, Canada will have a much more fair and democratic criminal justice program. Therefore, causing the crime rates to eventually
Criminals are deterred from pleading guilty because minimum sentencing guarantees a harsh punishment, which in turn costs time and money by prolonging court cases. Minimum sentencing should not be mandatory because it is unconstitutional, does not deter crime, and is not cost-effective.
... or minor vehicle offenses. This programs proved to be very effective in other countries like England due to the fact that they utilize this program more as an alternative to prison rather than just a condition. For that, it is hard to say whether it is effective in the United States in its current state. It might just be a problem of implementation.
Mandatory minimum prison sentences are punishments that are set through legislation for specific offenses. They have been used throughout history for different crimes. The four traditional goals of punishment are: deterrence, incapacitation (incarceration), retribution, and rehabilitation. With the state of our national economy, cutting prison and corrections costs would be a huge savings. On the surface, it may seem that mandatory minimum sentences would serve the traditional goals of punishment. They would discourage potential criminals, keep society safe for longer periods of time, they would punish the offender and they would rehabilitate the offender. What they did not do, however, is take into account the individual circumstances of each case and each defendant. Mandatory minimum sentences are not effective and they should be repealed.
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...
When it comes to criminal justice there are several other options to punish someone rather than incarceration, any of these options can be used in place of incarcerating someone based on the individual needs. Does the person who drinks habitually need to go to jail for their fifth DUI, or do they need alcoholism classes? At the same time sometimes incarceration is the only option. Incarceration is a very costly process, and leaves the person who is incarcerated “institutionalized” where all they know is the system, and do not know how to survive outside of it. It is all a cost versus benefit battle.
...ure or be used as a means for revenge. The death penalty is a severe penalty for a sever crime. I feel that it does work as a deterrent for crime because of its severity over any prison term. Capital punishment is necessary for a stable society and should not be abolished.
More are sentencing options are great because just like every person is different, so is the crime. Prison may not always be the most effective response for people, so If courts have options other than incarceration, “they can better tailor a cost-effective sentence that fits the offender and the crime, protects the public, and provides rehabilitation” (FAMM, 2011). Findings have also proven that alternative saves taxpayers money. “It costs over $28,000 to keep one person in federal prison for one year1 (some states’ prison costs are much higher). Alternatives to incarceration are cheaper, help prevent prison and jail overcrowding, and save taxpayers millions” (FAMM, 2011, para. 3). Lastly, alternatives protect the public by reducing crime. There is a 40% chance that all people leaving prison will go back within three years of their release (FAMM, 2011). “Alternatives to prison such as drug and mental health courts are proven to confront the underlying causes of crime (i.e., drug addiction and mental illness) and help prevent offenders from committing new crimes” (FAMM, 2011, para.
Most people have the common view that the criminal justice system’s increasing arrests and imprisonment is an effective strategy for reducing crime. If the judicial system makes greater distinction among violent and nonviolent crimes, the prisons will have the vacancies to incarcerate the Jeffery Dahmers of the world in prison for life. By providing alternatives to imprisonment for nonviolent offenders will reduce the burden of taxpayer’s dollars for added funding for construction of new prisons. I know as a College Student I would like to see increased State funding for education system rather than the millions allocated to the prison system of Pennsylvania.
While that argument may make sense, the resources invested into the penalties actually have a negative impact on everybody who is involved. “Many experts in criminal law feel the multi-decade sentences being handed down today are excessive. "They are absurd, and a waste of time and money," says Roger Williams University's David Zlotnick.” (Norton 3). Because of the fact that it makes no sense to punish non violent felons severely, the valuable resources will go to
Mandatory sentences can be an effective means of dissuasion because people know that they are facing a minimum amount of time just for committing the single crime, and it can only go up from there. It also ensures that people serve their full sentence and do not get off easily because of good behavior or parole. Mandatory sentences can also lead to unjust punishment for crimes because they do not take into account the circumstances and situations
To begin with, in my opinion a main advantage of implementation this law would be reducing crime and arrest rates as it should be the best deterrent. On the other hand, this law can multiply the number of criminals in an already overcrowded prison system which makes it even more expensive. Despite this downside, I strongly believe that this law would keep persistent offenders off the streets for longer periods which should prevent them from harming society and committing additional crimes. However, a main disadvantage focuses on disabling the courts and the judge from being
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.
This research seeks to establish whether making the penalty stiff will work in repeating repeat and future offenders. This research is tied to a larger theory that harsh punishments act as a deterrent to crime. They work by making people not commit a crime for fear of the punishment that is going to follow. This research is applicable across many facets of crimes that are rampant. It is going to help identify whether enacting stricter laws and enforcing them helps in reducing the relate...