Preview

Essay On Mandatory Sentences

Good Essays
Open Document
Open Document
741 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Essay On Mandatory Sentences
Minimum Mandatory Sentences Minimum mandatory sentences have been established since the inception of our criminal justice system. However, these laws have gained much-needed attention as of late due to the ripple effect it has caused relating to the war on drugs. The war on drugs have been going on since the 1980s, but the use of these laws have created bigger problems in poor communities. These laws have hindered the progression of families and communities. Minimum mandatory sentences are not an effective tool in combatting the issue of controlled substances abuse and trafficking and should be repealed.
History of Minimum mandatory sentences Minimum mandatory penalties have been used since the enactment of the first federal penal laws in the 18th Century. The United States Constitution granted Congress the power to set the punishments for serious offenses, such as
…show more content…
These proposals resulted in the enactment of the Comprehensive Drug Abuse Prevention and Control Act of 1970, which repealed almost all mandatory penalties for drug offenses (USSC.gov). However, with the surge of drug-related offenses in the 1980s came a shift in sentencing laws from rehabilitative to more punitive. These issues led to the enactment of The Anti-Drug Act of 1986. This Act established quantities for various drugs that triggered mandatory sentences that ranged from five years to life in prison. This Act had been the lead runner regarding the issue of drug offenses and the punitive measures taken against offenders. The Anti-Drug Act of 1986 used the quantity of drugs as a measure of the time a person should spend in prison. However, in 2010 the Fair Sentencing Act was enacted which repealed the mandatory minimum sentences for crack cocaine offenses (USSC.gov). This act also increased the quantity needed for certain mandatory sentences to be

You May Also Find These Documents Helpful

  • Better Essays

    Think about that.” Mandatory minimums are an outdated, destructive policy that the U.S. never has, and never will need. In order to reform our criminal justice system, and ensure that the people who go to prison are there for a time that’s proportional to the crime they commit, we must get rid of mandatory minimums. Aside from the harm they cause to the prisoner, law-abiding American taxpayers are burdened by the unnecessary cost of keeping people in prisons for much longer than is needed. Of course, mandatory minimums are far from the only problem within the U.S. criminal justice system, however, abolishing these ridiculous laws will help thousands of current American prisoners, as well as innumerable future offenders. Overall, mandatory minimum sentencing policy must be ended in the near future, should America hold true to its values of “freedom and justice for…

    • 1221 Words
    • 5 Pages
    Better Essays
  • Good Essays

    The United States Sentencing Commission is responsible for sentencing policy in federal courts. In 1980 they reformed the federal sentencing. The intent was to provide determinate sentencing. Determinate sentencing is a fixed period of incarceration without the possibility of parole, but time served can be reduced by accumulating good time. “Coinciding with the development of determinate sentencing has been the development of sentencing guidelines to control and structure the process and make it more rational. Guidelines are usually based on the seriousness of a crime and the background of an offender: The more serious the crime and the more extensive the offender’s criminal background, the longer the prison term recommended by the guidelines.” (Segel & Senna 2006). These guidelines were designed to eliminate judicial discretion and get tough on crime.…

    • 602 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Mandatory minimum sentences have been called both America’s strongest tool and one of its greatest injustices, but here are the facts. Mandatory sentencing laws dictate that when a set amount of narcotics (for example one gram of LSD or 100 grams of heroin) is present the judge is required to sentence no lower than the set minimum (in this case it would be five years). This differs from other criminal cases in that…

    • 1639 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    Keeping in mind the brief overview of each of the major rationales for sentencing will allow the following four arguments to be understood with greater clarity. To begin, the first argument to support the urgent need to restructure the criminal justice system is the effect and impact of mandatory minimum sentencing on the high rates of incarcerations. The effects of mandatory minimum sentencing are staggering, and transcend into many different areas of the criminal justice system. The principal justification for the creation of mandatory minimum sentences is that by increasing the likelihood of custody, it will be a strict deterrent for crime prevention and a response to political “tough on crime” strategies. It was also thought to minimize…

    • 1521 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    Mandatory minimums are laws which require automatic prison terms for certain crimes, such as drug possession. These laws were passed to ensure that individual criminals served long prison sentences. However, there some critics that have voiced their concerns about mandatory minimum penalties in the United States.…

    • 224 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    I do think that the mandatory sentencing is one approach to solving the drug problem, but I do not think that it is the only one. It is clear that the sentencing works to a certain extent, but is not the right choice for every situation. Personally, I feel like this is a gray area due to the fact that mandatory sentencing gives definitive discipline to someone who broke the law. Where in specific cases that approach is too strict. Although I do not have a direct answer to solve this problem, I think that different variables should play into the sentencing.…

    • 102 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Every situation in life is unique and has its own set of circumstances. Crime is no different, which is why it often difficult to effectively use policies like mandatory minimum sentences, because not every crime is the same. It is acceptable for their to be some disparity in sentencing for similar crimes, but there still needs to be some consistency. The initiation of mandatory minimum sentences was due in large part to the fact that judges had too much discretion and it led to many similar cases having wildly different sentences.1 There was sound reasoning for enacting mandatory minimum sentences, but they “are the product of good intentions, but good intentions do not always make good policy; good results are also necessary.”1 Mandatory…

    • 1908 Words
    • 8 Pages
    Good Essays
  • Satisfactory Essays

    If I were a legislature and wanted to propose laws that would abolish the mandatory minimum sentencing, I would focus on evidence that suggests these statutes are the root cause for overcrowding and financial burdens to government budgets (Schmalleger & Smykla, n.d.). Because every state in the union has been affected by mandatory minimum sentencing, I would also capitalize on the trends of other states releasing prisoners’ early and abolishing similar sentencing laws (Schmalleger & Smykla, n.d.).…

    • 92 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Drug Courts Case Study

    • 698 Words
    • 3 Pages

    Early efforts to meet the nation’s growing drug problem began in the 1970s. The U.S imposed stricter penalties for drug-related crimes, but was met with…

    • 698 Words
    • 3 Pages
    Good Essays
  • Good Essays

    There were also laws passed that established mandatory sentencing for certain crimes. Like the mandatory minimum sentencing laws of 1976 and the “650” lifer law of 1978. The mandatory minimum sentencing laws required terms for certain crimes. Most applying to drug offenses. For example, under federal law selling 28 grams of crack cocaine constitutes a minimum of 5 years in prison. The 650 lifer law mandated life sentence for anyone found guilty of intending to distribute more than 650 grams of cocaine.…

    • 693 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Indeterminate Sentencing

    • 903 Words
    • 4 Pages

    As violent crime continued to rise, the public demanded harsher and more definite sentences. The rehabilitative concept was called into question as to its effectiveness, leading to the birth of the determinate sentencing structure. The determinate sentencing structure is that which gives an offender a fixed term of incarceration. This type of structured sentencing reform can be used to deter potential offenders and incapacitate dangerous offenders. For example, bringing drug paraphernalia into a prison requires a fixed prison sentence of two years. Judges, in such a case, do not have discretion when the statute “determines” what the sentence is to…

    • 903 Words
    • 4 Pages
    Better Essays
  • Better Essays

    A tradeoff for option one, the termination of mandatory sentencing for minor offenses, convey a problematic idea. Giving these minor wrongdoers the inappropriate perception by committing a minor misconduct there won't be any aftermath. As concurred by Evan Bernick and Paul J. Larkin, Jr. (2014), “they argue that mandatory minimum sentences reflect a societal judgment that certain offenses demand a specified minimum sanction and thereby ensure that anyone who commits such a crime cannot avoid a just punishment”. Secondly elimination of mandatory sentencing rejects the idea of sentencing disparity, as agreed by Evan Bernick and Paul J. Larkin, Jr. (2014), “mandatory minimum…

    • 1008 Words
    • 5 Pages
    Better Essays
  • Better Essays

    The Federal Drug Abuse Act of 1986 created the guidelines for statutory mandatory minimum penalties currently effective in the federal drug trafficking crimes and also established a 100-to-1 drug quantities ratio between crack and powdered cocaine offenses for sentencing purposes. (Frank Schmalleger, 2007) This ratio was based on the assumption that crack cocaine is more dangerous than powdered cocaine, it is less expensive and may lead to violent crimes and addiction of youths and children. All drug addictions including prescription, present an enormous and difficult problem to contain. The difference in sentencing under the current law for possession of five grams of crack cocaine is a minimum mandatory sentence of five years in prison, possession of any quantity of other controlled substance by a first offender yields a maximum of one year in prison. I do not believe that this is justice.…

    • 1082 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    While it has been observed and recorded that crime rates have gone down in the last thirty years, the correlation between increasing the number of prisoners and less crime is not significant (Kelly, 2015). This is due to the fact that more and more non-violent offenders have been imprisoned for minor drug related offenses that have only been interpreted as major offenses by poor policy regulation (Kelly, 2015). This only means that tax payers are progressively increasing the amount of money they pay for nothing other than a false sense of…

    • 1677 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    “The Federal sentencing guidelines should be revised downward. By contrast to the guidelines, I can accept neither the necessity nor the wisdom of federal mandatory minimum sentences. In too many cases, mandatory minimum sentences are unwise and unjust.” By Anthony Kennedy…

    • 1204 Words
    • 5 Pages
    Good Essays