...Mandatory Minimum Sentencing Katie Miller ENG/130 January 12, 2014 Timothy Resh University of Phoenix Mandatory Minimum Sentencing Mandatory minimum sentencing has led to many unintended results. It has triggered unwarranted disparity in sentencing and contributed greatly to the overcrowding epidemic now facing our prison system. In this paper, the author will explore some of the negative consequences incurred due to mandatory minimum sentencing. Furthermore, the author will examine the effect this has had on non-violent offenders and the burden it has put on both the taxpayers and our prison system. Finally, the author will discuss the overwhelming affect it has had on our judicial system. An Overview Mandatory minimum sentences require a judge to impose a statutorily fixed sentence on offenders convicted of certain crimes, regardless of other mitigating factors. Discussions on mandatory minimum sentencing indicate the purpose to be multifaceted. Using mandatory minimum sentencing reduces crime, especially drug use, controls judicial discretion over certain sentencing decisions, increases prison sentences for serious and violent offenders; and lets everyone know that action is being taken to fight criminal activity. However, it is widely acknowledged that mandatory minimum sentencing laws have not always achieved their objectives and have often resulted in unintended consequences such as sentencing inequities and unduly harsh penalties. Overcrowding ...
Words: 917 - Pages: 4
...Noah Messersmith English Comp 101 4/14/14 Persuasive Essay First Draft Did you know that due to mandatory minimum sentencing, the U.S. federal prison populations have almost grown 800 percent in the last three decades? What is mandatory minimum sentencing you ask? Well it is the set sentencing that is given to someone that the judge cannot shorten because it is a set time and they can’t shorten it, even for extenuating circumstances (“What Are Mandatory Minimum Sentencing Laws”). The U.S. Supreme Court should review the mandatory minimum sentences, weigh the positives and the negatives, look at the possible advantages and disadvantages, and then do what they need to do to enforce what they decide. Although many people are for mandatory minimum sentences and think that they are fine and don’t need to be refined and changed, there are many reasons why they should be shortened. One reason is that it will make the prison system is overpopulated and it will make it a safer place for the inmates and for the prison guards. It will make it safer for the inmates because there won’t be as many inmates in there for long periods of time and they don’t have to worry about their safety as much because right now, there are so many inmates that the guards are losing some of their control over them. It will make it safer for the prison guards because they won’t have as many people to look over and they will feel like they have more power and authority because they won’t feel as overwhelmed...
Words: 1131 - Pages: 5
...because of mandatory minimum sentences. Many of them committed non-violent crimes and are being punished longer than what the actual crime may deserve. In fact, some have been wrongly accused or were only vaguely associated with a crime, but are being imprisoned for the mandatory minimum. The number of prisoners is increasing because of mandatory minimums, which is requiring more funding from the states. The major issue associated with mandatory minimum sentencing is that it has increased imprisonment, but it has not reduced the crime rate, especially in drug related cases. Position Statement Mandatory minimum sentences have increased imprisonment, which has cost the states more money. Having mandatory minimum sentences has not reduced crime and therefore, is not effective. It should not be repealed completely, but there need to be certain adjustments made according to what crimes and type of involvement with crimes require mandatory sentencing. The U.S. Senate is considering two bills that would revise the federal sentencing laws in the case of mandatory minimum sentences. The Justice Safety Valve Act of 2013 expands the existing sentencing “safety valve” by allowing a judge to depart downward from any mandatory minimum, if the court finds that it is necessary to do so in order t avoid imposing an unjust sentence. The Smarter Sentencing Act of 2013 applies only to non-violent drug crimes and would permit a district judge to issue sentences without regard to any mandatory minimum...
Words: 762 - Pages: 4
...crime has to do the time, even if that time is in jail, participating in community service, or being confined to specific limits through house arrest. Sentencing a criminal their time of punishment is reasonable, it’s the amount of time these convicts are being sentenced under mandatory minimum sentencing that is the root of the problem. Mandatory minimums have been sparking controversy throughout America for quite some time. These sentences have been seen as the most outrageous sentencings for nonviolent criminals. This problem raises a major question: Should criminals charged with nonviolent crimes be given mandatory minimum sentences? Mandatory minimum sentences are sentences that require a criminal, convicted...
Words: 1442 - Pages: 6
...Abolishing Mandatory Minimum Sentences Mandatory minimum sentences for a variety of crimes became popular in the 1980s and have progressed since then. Approaches to the idea have differed, but the bottom line has remained the same: punish the criminals who commit certain crimes and ensure they remain in prison for a specified amount of time. Though these laws are logical, mandatory minimum sentencing, in all its forms, does not effectively reduce crime. Statement of Problem: Mandatory minimum sentencing is an obsolete and ineffective crime control policy that needs to be replaced. There are several reasons that these laws need to be repealed. The first of these is that the discretion is taken away from the judge and given to the prosecutor....
Words: 1743 - Pages: 7
...Unnecessary rules and regulations is what have become of the required minimum sentencing laws. Laws that are put intact so that Congress might have control over what happens with a convict in the judiciary court system. It is essential that these laws are dealt away with; they are creating greater harms than benefits for the public. They are costing the American people from their money, abstinence from their families, and to some extent even rights as U.S. citizens. The United States Congress should repeal mandatory minimum sentencing laws. “A mandatory term stipulates a minimum sentence that includes imprisonment and mandates that this sentence cannot be suspended and probation cannot be granted” (Schlesinger, 2011, p.64). These required laws...
Words: 1995 - Pages: 8
...the mandatory minimum sentence. The sentence has been there over the years, but crimes related to marijuana continue to increase. Such trends lead to the questioning of the punishment based on whether it is serving the purpose. Doing away with the sentence would be a relief to the offenders, judicial officers and families of the offenders. Appendix A Questionnaire 1. Do you think officers of courts and police officers should be required to complete...
Words: 873 - Pages: 4
...Due to public outcry, however, 29 states have recently begun to roll back Mandatory Minimum laws, while others have given judges more discrepancy in sentencing times. In addition, the Federal Government has shrunk the severity and overarching reach of Mandatory Minimums in sentencing. These positive changes, though, are not retroactive, and inmates like Weldon Angelos require presidential pardons for premature release. Activists lobby lawmakers to fix the epidemic by proposing the repealing of Mandatory Minimums, pardoning or granting parole to many victims of Mandatory Sentencing lengths, and retroactively releasing people sentenced by Mandatory Minimums (Looman 188). They argue Mandatory Minimum Sentencing’s racist undertones pervade the...
Words: 453 - Pages: 2
...As mandatory minimum sentencings continue, the costs for incarceration is increasing and could be allocated for other purposes. Research shows that within the past two decades, the federal prison budget has increased rapidly due to the higher costs of incarceration for federal prisoners. According to the Criminal Justice Policy Foundation, which works on drug policy and criminal justice reform, in 2015 the average cost for incarceration of a federal prisoner was around $32,000. The federal prison budget had increased from $3.7 billion in 2000, $5 billion in 2006, and $7 billion in 2017. These numbers reveal the immense amount of money that could otherwise be used towards other epidemics that require attention from the United States. The said...
Words: 497 - Pages: 2
...Mandatory minimum sentencing guidelines were initially established several years ago to assist with the war on drugs. While this is an understandable intent, it has since been adjusted to cover other offenses as well. What once was created with good intentions has now evolved to the point of stripping judges of their duty. Mandatory minimums prevent judges from sentencing the criminal to the fitting amount of time for the crime they committed. This has led to a problem with overpopulation in both federal and state prisons. While many can rightly argue that mandatory minimums create a standard in the justice system, many of the people in prison are there serving an irrational sentence. Take, for example, Lee Wollard, a gentleman spending 20 years in Florida state prison for simply...
Words: 330 - Pages: 2
...Adjunct Professor of Law, Georgetown University Law Center; Former chief, Appellate Division, U.S. Attorney's Office for the Eastern District of Virginia. Written for CQ Researcher, January 2014 We can have more crime or less. Whether it's the one or the other depends on what we do — on whether we decide to keep the sentencing system that's been working for a generation or return to what we know fails. It is often said that the criminal justice system is broken and needs “reform,” consisting of abolishing or watering down mandatory minimum sentencing and, generally, putting fewer criminals in jail for shorter terms. In the short run, that would save on prison expenses. But its long-run effects will overwhelm any savings. We know because we've...
Words: 427 - Pages: 2
...Monahan, John J. (24 Nov, 2005). Drug-Sentence Laws under fire; Mandatory minimum blasted: Telegram and Gazette (Worcester, Mass) A1. John Monahan a Statehouse Reporter for Telegram and Gazette discusses the mandatory minimum sentencing laws for drug related crimes which were adopted in the 1980’s and 1990’s. Monahan highlights some of the major problems with minimum sentencing laws related to drug crimes. The article relates to the core of the issue by recent research and opinions of government officials who support this view. He finds this opinion strongly supported by people in the legal field and some government officials as well, however the article is also of interest to those effected by or with some interest to mandatory minimum sentencing. Many critics find the laws to be unfair for various reasons. The laws target minorities, take discretion away from judges and put it in the hands of police and prosecutors who misuse this discretion and apply punishments that do not fit the crime committed. Senator Cynthia S Creem, D-Newton has sponsored a bill that would allow inmates to be considered for parole after serving two thirds of their sentence. However this proposal was rejected outright by Lt Gov. Kerry Healey. Rep. Anne Paulsen also proposed to make the law even stricter by adding time to their sentence for those who commit drug offenses nearby a school. The article concludes with Chief Justice Mulligan maintaining the law is a problem because it disproportionately...
Words: 632 - Pages: 3
...Within the prison system there are various key issues that surrounded the operations of the daily activities as well as the administration of the judicial system. Some of these key such as prison violence, prison rape and the drug policy issues are negative and does affect the prison. On the issue of prison violence, over the years, prison violence has been on the rise. This has causes major changes within the prions system, such as implementing strategies to control the prisoners and their criminal behaviors. Prison rape also has continues to rise. This issue has been will probably continue to exist. This is because the prison officials have yet to be able to control this kind of activity. Another issue that has been affects the prison system is the sentencing that are being handed out for drug charges. This has cause the prisons to be overcrowded. Prison Violence on the Rise Prison violence is on the rise, many prison conditions are a recipe for violence, by being overcrowded, understaffed, insufficient staff training, excessive solitary confinement, insecure facilities, mistreatment of mentally ill inmates, policies that weaken family ties, a culture of disrespect between staff and prisoners, and little accountability for wardens. These facilities are causing concern not only for inmates but, for those employed to supervise the convicted offenders. Inmate population continue to grow, staffing levels in most facilities either have stopped or decreased. Violence has increased...
Words: 2155 - Pages: 9
...United States Prison System: The War on Drugs The United States of America is no longer the home of the free. It is the home of the locked up and caged. How can this nation embrace the concept of freedom when over 2.4 million of its citizens are locked up in prison? How can Americans have the nerve to utter the words, “racial equality” when over 10% of all African-American men is incarcerated? How can we take pride in a nation that locks up its citizens that suffer from the disease of addiction? This should be an embarrassment to all Americans. The criminal justice system must be reformed and surrender the “War on Drugs.” According to the June 2008 Bureau of Justice Summary, Americans make up only four and a half percent of the world’s population yet boasts twenty-two percent of the world’s incarcerated population. According to the same report, the American Criminal Justice System imprisons six times more of its population than other free nations such as Canada, Australia, Germany, Spain, and Italy. America incarcerates ten times more of its population than Japan, France, and Finland. We have the highest rate of incarceration in the world, much higher than China, Russia, Iran, Cuba, and North Korea whom we consider fascias police states. The 2009 statistics reported in the Prison Index showed that one third of African-American men will serve time in prison at some point in their life. The Bureau of Justice statistics reported, “The number of inmates in...
Words: 2315 - Pages: 10
...administration implemented was part of a Comprehensive Drug Abuse Prevention and Control Act of 1970. Some agree and others disagree with the war on drugs. What we all can agree on, is that prisons have swelled to all-time highs due to the war on drugs campaign. I believe there are many workable solutions that can decrease the prison population in America. First, replace mandatory sentencing laws with more flexible and individualized guidelines. Second, reduce the three strike laws for nonviolent offenders. Third, relax the Truth-in-Sentencing Laws. Last, support community policing efforts. In 1986 Congress passed the anti-drug abuse at which was well intentioned established 5 to 10 year mandatory sentence is for drugs importation and distribution. A couple of years later President Reagan signed the Omnibus Anti-Drug Abuse Act granting the federal government authority to penalize all conspirators and drug related crimes regardless of their role. Believe it or not, most people locked up in the federal system are serving time for conspiracy charges due to drug distribution although nothing was found. By removing minimum mandatory sentences and replacing them with other guidelines, you give the judges more discretion to render a sentence they feel fits the criteria. Another way to reduce prison population is by reducing the three strike law for nonviolent offenders. For example, in California the three strikes law has many people in prison not because they committed a crime, but...
Words: 762 - Pages: 4
