Mandatory Sentencing

1772 Words4 Pages
bulb-icon

Recommended: Criminal justice punishment and sentencing

Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons. Judges were overloaded with these cases, and lengthy prison terms were mandated to these young offenders. Mandatory sentencing is an interesting topic in which I would like to discuss my opinions in going against mandatory sentencing. I will show the reasons for this topic, as well as give you my personal brief on which I support. 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... ... middle of paper ... ... OUT OF GET TOUGH JUSTICE? Criminology & Public Policy, 5(1), 37-43. Retrieved December 6, 2010, from Criminal Justice Periodicals. (Document ID: 1016637721). DELIBERATING CRIME AND PUNISHMENT: A WAY OUT OF GET TOUGH JUSTICE? Criminology & Public Policy, 5(1), 37-43. Retrieved November 23, 2010, from Criminal Justice Periodicals. (Document ID: 1016637721). Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association Mandatory Sentencing Laws and Drug Offenders in New York State. Retrieved November 15, 2010, from http://www.drugpolicy.org/library/factsheets/mandatory_ny.cfm. Compiled by Anonymous , The Correctional Association of New York. March 1999. Cindy Swirko. (2010). Florida drug sentences too harsh? Retrieved November 15, 2010 from http://www.gainesville.com/article/20100814/articles/8141011.

Show More
Related

  • America's War on Drugs - The Prison Industrial Complex

    905 Words  | 2 Pages

    After viewing the documentary: America's War on Drugs - The Prison Industrial Complex, it is clear that the Criminal Justice System is in desperate need of reconstruction and repair with policies such as the mandatory minimum sentencing act which has proven to be unsuccessful and unjust in its efforts to deter 'criminals from committing illegal acts' as seen with the increase of incarcerations of the American people and the devastating effect it has had on those in prison and the family members of those incarcerated.

    Read More

  • The Flaws of Incarceration in America

    1359 Words  | 3 Pages

    The majority of prisoners incarcerated in America are non-violent offenders. This is due mainly to mandatory minimum sentencing laws, which is a method of prosecution that gives offenders a set amount of prison time for a crime they commit if it falls under one of these laws, regardless of their individual case analysis. These laws began in the 1980s, when the use of illegal drugs was hitting an all time high (Conyers 379). The United States began enacting legislature that called for minimum sentencing in an effort to combat this “war on drugs.” Many of these laws give long sentences to first time offenders (Conyers). The “three strikes” law states that people convicted of drug crimes on three separate occasions can face life in prison. These laws were passed for political gain, as the American public was swept into the belief that the laws would do nothing other than help end the rampant drug crimes in the country. The laws are still in effect today, and have not succeeded to discourage people from using drugs. Almost fifty percent...

    Read More

  • Problematic California Prison System

    864 Words  | 2 Pages

    Starting in 1970s, there has been an upward adjustment to sentencing making punishment more punitive and sentencing guidelines more strict. Martinson's (1974) meta-analyzies reviewed over 200 studies and concluded that nothing works in terms of rehabilitating prisoners. Rehabilitating efforts were discontinued. The War on Drugs campaign in 1970s incarcerated thousands of non-violent drug offenders into the system. In 1865, 34.3% of prison population were imprisoned for drug violation. By 1995, the percentage grew to 59.9% (figure 4.1, 104). Legislation policies like the Third Strikes laws of 1994 have further the severity of sentencing. The shift from rehabilitation to human warehouse marks the end of an era of trying to reform individuals and the beginnings of locking inmates without preparation of their release. Along with the reform in the 1970s, prosecutors are given more discretion at the expense of judges. Prosecutors are often pressure to be tough on crime by the socie...

    Read More

  • Argumentative Essay On Incarceration

    956 Words  | 2 Pages

    For years now, incarceration has been known to be the center of the nation’s Criminal Justice Center. It’s no secret that over time, the criminal justice center began experiencing problems with facilities being overcrowded, worldwide, which ended up with them having to make alternative decisions to incarceration that prevent violence and strengthen communities. These new options went in to plan to be help better develop sentencing criminal offenders.

    Read More

  • Race to Incarcerate

    1569 Words  | 4 Pages

    Mass incarceration has caused the prison’s populations to increase dramatically. The reason for this increase in population is because of the sentencing policies that put a lot of men and women in prison for an unjust amount of time. The prison population has be caused by periods of high crime rates, by the medias assembly line approach to the production of news stories that bend the truth of the crimes, and by political figures preying on citizens fear. For example, this fear can be seen in “Richard Nixon’s famous campaign call for “law and order” spoke to those fears, hostilities, and racist underpinnings” (Mauer pg. 52). This causes law enforcement to focus on crimes that involve violent crimes/offenders. Such as, gang members, drive by shootings, drug dealers, and serial killers. Instead of our law agencies focusing their attention on the fundamental causes of crime. Such as, why these crimes are committed, the family, and preventive services. These agencies choose to fight crime by establishing a “War On Drugs” and with “Get Tough” sentencing policies. These policies include “three strikes laws, mandatory minimum sentences, and juvenile waives laws which allows kids to be trialed as adults.

    Read More

  • Public Defenders

    2207 Words  | 5 Pages

    Neubauer, D. W., & Fradella, H. F. (2011). America’s courts and the criminal justice system (10th ed.). Belmont, CA: Wadsworth.

    Read More

  • The Paintball Case

    1035 Words  | 3 Pages

    Wallace, B. N. (2009). You decide! Current debates in criminal justice. (p. 152) Upper Saddle River, NJ: Pearson Education.

    Read More

  • Mandatory Minimum Sentences: R. V. Latimer

    1819 Words  | 4 Pages

    Unfortunately, evidence has shown that mandatory minimums and severity of punishment as a whole is sorely ineffective as a deterrent for crime. The idea of punishment as a deterrent hinges on the perception of criminals as rational actors who, before committing a deviant act, weigh the potential costs and benefits logically (Renke, 2001). Crime is not always the product of careful reflection, many instances are snap judgements which occur too fast to consider the outcomes. In addition, deterrence assumes that criminals are aware of the law and the punishments which will come as a result of crime. As has been already mentioned, the public is largely unaware of the finer details of the criminal justice system, criminals included. To compound this issue, those who are most unaware and uneducated about the law are those of low socio-economic status, which puts them at an increased risk of offending. As Renke notes, based on a meta-analysis of other literature regarding deterrence, the perceived fairness of the law and the criminal justice system factors into whether or not policy can be a deterrent. If an individual or group believes the system to be unfairly biased against them then the authority of the law holds less deterrent weight (2001). Considering that those of low

    Read More

  • Advantages Of Mass Incarceration

    1000 Words  | 2 Pages

    Perhaps the most common argument against mass incarceration is the cost. Weisberg and Petersilia explain a “cost-benefit” rationality surrounding mass incarceration. The public still wants to incapacitate and punish violent offenders, but are becoming more lenient towards non-violent drug offenders. This is because the societal cost to imprison non-violent offenders has reached a threshold that is no longer fully tolerated. This is due to the actual cost of the current prison system to taxpayers, the socioeconomic costs and socially stratifying effects of imprisonment, and the collateral costs of imprisonment on the country as a whole. However, in implementation knee jerk reactions that cut costs often undermine programs that are designed

    Read More

  • Nonviolent Protests: An argumentative essay

    1414 Words  | 3 Pages

    ... middle of paper ... ... Gonzaga Law Review 33.3 (1998): 653-668. HeinOnline.com -.

    Read More

  • The Criminal Justice System

    1478 Words  | 3 Pages

    Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century

    Read More

  • The Pros And Cons Of Mandatory Sentencing

    947 Words  | 2 Pages

    “Mandatory minimum sentences are the product of good intentions, but good intentions do not always make good policy; good results are also necessary.”(Larkin, 2014) Mandatory minimum sentencing is the laws that require automatic, minimum prison terms of a particular length for people convicted of certain federal and state crimes. In other words, everyone who committed the same crime would have the same guaranteed sentence. This is an issue of grave national consequence and if America is the land of the free than how can we incarcerate the highest percentage of our population than any other nation? Mandatory Minimum sentencing is unfair because it prevents judges from fitting the punishment to the individual and the circumstances, increases the amount of non-violent offenders in prison and targets minorities and low-income areas.

    Read More

  • Persuasive Essay On Mandatory Minimums

    1528 Words  | 4 Pages

    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.

    Read More

  • Prison Sentencing Reform

    303 Words  | 1 Pages

    Prison sentences should be reduced by proposing a sentencing reform. First, the U.S has the highest incarceration rates in the world. According to CQ Researcher, 98% of prisoners are incarcerated for nonviolent offenses; in fact, these prisoners majorly affiliate with drug violations. Criminal justice expert Jeremy Travis stated, "We've lost some of the constraints we used to place on the state to deprive somebody of liberty." A good example of this would involve Weldon Angelos, and He's an individual who is serving 55 years for three marijuana sales, which were in a value of $350. For such a low-level drug offense and no criminal history, His sentence is considered "extraordinary injustice" (CQ). Second, prison maintenance is very expensive.

    Read More

  • Essay On Recidivism

    999 Words  | 2 Pages

    The idea for general crimes obeys the basic rule that the more severe the law is the fewer criminals exists in the country temporarily. According to the study conducted by M. Keith Chen(2007), by doing a Pearson χ2 test on the security level and prison conditions data provided by the U.S Department of Justice, the results, shows in table 1(Appendix), the harsher the security level is the larger amount of people will be arrested. Furthermore, a sophisticated analysis (Appendix table 2) by Shepherd (2002) clearly shows the more severe punishments do reduces recidivism. Even though the data shows that more severe punishment reduces recidivism by only a small percentage, the severe punishment do have an effective influence on reducing repeat offenders. However, in order to reduce recidivism both reasonably and effectively, an additional approach is needed. A study conducted by Steurer...

    Read More

More about Mandatory Sentencing

Open Document