To begin, “congress fell in love with mandatory minimums requiring anyone convicted of a given offense to receive a minimum penalty prescribed by legislation (Bazelon, 2).” For instance, if a person shoots someone in the leg, they are charged as if they killed that person. Oftentimes the minorities get more time than the whites. On the other hand, Alberto Gonzales reports that the mandatory minimum sentencing ensure tough and fair sentences for offenders and has nothing to do with race. People with too much power don’t know the differences between tough punishment and unfair punishment. This is unfair conduct because mandatory sentencing supposed is to unify for the crimes people make and be bias to one criminal to another. Now, before one
He claims the prejudices of the judicial system handed out mandatory sentencing for those who used their constitutional right to have a trial by jury. The author builds a relationship with the audience by using Pathos in order to compel them to recognize the urgency to change the current law. Girault explains the failing logic of the law on page 225, he states that communities were to be made safer and instead of targeting petty crimes the focus would be to bring down kingpins, however after three decades of the SRA it still was a failure. Girault defines the sentencing reform act as discriminatory and states that minorities are hugely effected by this law and states ”Black people are overwhelming charged, convicted and sentenced at a higher rate to federal crimes since the passage of the Sentencing Reform Act.” (Girault 228).
Mandatory minimum sentences are sentences mandated by law for
Many people have their own opinion about sentencing reform. Some people think that it should be change while others think that it should stay how it is. In my opinion i think that they should not change it. To start with, i think that the sentencing reform should stay the same because there 's too many crimes going on in this world. According to source 1 it states, “there is no question that crime rates will increase if sentencing reform provides large numbers of criminals with early release from prison and requires shorter sentences when they re-offend.”
The reason I believe that eliminating mandatory minimum sentences is something that needs to be done is because it is necessary in some cases to let people who are incarcerated or soon to be incarcerated to get out of jail before they were sentenced to get out. Sometimes mandatory sentences target people unfairly like for example minorities or younger individuals. According to Chief Editor African Americans pertaining to drug use suffer more than white Americans do and it is causing unjust between the two races. There was also a case of a woman named Tina who set a building on fire by accident, killing two young boys when she was a young girl and was reprimanded for it and was tried as an adult and sentenced to life, even though she suffered
Unfortunately, there are racial disparities in the United States in the legal system. Prison sentences imposed on African American males in the federal system are nearly 20 percent longer than white males convicted of similar crimes. The 1994 Crime Bill signed by President Clinton established mandatory minimum sentences. African American and Latino offenders sentenced in state and federal courts face greater odds of incarceration than white offenders who are in similar situations and receive longer sentences than whites in some jurisdictions. Research has shown that race plays a significant role in determination on which homicide cases resulted in death sentences.
Defined as a public policy that imposes an outlined amount of prison time based on the crime committed and the defendant’s criminal history, these sentences dictate that a judge must enact a statutory fixed penalty on individuals convicted of certain crimes, regardless of extenuating circumstances. Such laws have removed discretionary sentencing power from judges, instead focusing on severe punishments in line with national drug and crime concerns. While the original goal of mandatory minimum sentences was to deter potential criminals, reduce drug use, control judicial prudence, the policy has had extreme consequences such as sentencing imbalances and
As a result of the increasing animosity of law enforcement authority and justice officials within our society, it has become apparent that the time for Congressional action is now to aid in calming the social fire storm of recent social anti-police movements, increased deadly ambushes upon unsuspecting police officers, and hateful rhetoric in the form of rebellious movements. So where should our nation’s leaders begin? Professor Paul George Cassell J.D. professor of Law at the University of Utah and former Unites States federal Judge suggests by starting with a reexamination of congressionally mandated mandatory minimum sentencing. In Cassell’s publication titled “Sense and Sensibility in Mandatory Minimum Sentencing” Cassell argues the unreasonableness of forcing mandatory minimum sentencing upon state courts when oftentimes, the punishment far exceeds the severity and/or social impact of the crime. As he explains within the text, “In practice, statutory minimums can distort the processes and outcomes of the federal system.
I would like to bring up the outdated practice of mandatory minimums because I believe they need to be removed or changed. Mandatory minimums give a mandatory minimum sentence for crimes without considering the context. These laws were established in the 1980s and has quadrupled the amount of people in prison. Many people in prison are in for minor drug offenses that get them a very long sentence. One example is Kevin Ott who has a life sentence for 3oz of meth.
Daniel, Having a just system for sentencing is not easy, I agree. Someone will always disagree, on one side or the other, of what is “just” to them. This is where I do not envy judges. You will not be able to please everyone.
Untie the Judges Hands Imagine you are a fifty-one year old man and you have not eaten in two days, and you resort to theft. Stealing a fifty-cent package of doughnuts from the corner store. You are at your home when suddenly officers burst in and arrest you.
A recent trend in the United States Justice System, at local and state levels, is to implement the use of formulas and algorithms to determine sentencing length. In her article “Sentencing, by the Numbers”, University of Michigan law professor Sonja Starr focuses on this trend, and shows flaws that she finds in the system. In the article, she agrees with the actions of Attorney General Eric Holder in criticizing the system for the way in which it determines the risk of future crimes. Throughout, Starr presents the system as something that will, instead of solving mass incarceration, make the problem worse for impoverished persons and minorities. Starr argues that the system discriminates against those with a socioeconomic disadvantage, has
Those who find themselves sentenced to time in a penitentiary, jail, or prison are at risk of either being broken or strengthened by the time they spend behind bars. There is a great debate of whether or not the prison system in the United States is positive or negative. The following will briefly highlight the positives, negatives, and possible alternatives for our nation's prison system. First, there is a long list of negatives that the prison system in America brings. The prison system is filled with crime, hate, and negativity almost as much as the free world is.
Many drug offenders are often forced into the drug business because of economic reasons, resulting from the increased difficulty of finding jobs after prison, due to the felony that is attached to their name. Employers are often discouraged from hiring a person that has committed a felony, because of the uncertainty in their behavior. A study done by the Urban Institute, found that only 45% of all Americans that had been to prison, had a job within a year of being released. It was even lower for drug offenders, as only 25% of all drug offenders in the United States were able to find a job once released (McVay). It’s hard enough finding a well paying job because of the current state of the economy in the United States.
Incarceration refers to the constitutional deprivation of an offender the capacity to commit crimes by detaining them in prisons. The United States has the highest incarceration rate of any free nation. The U.S incarcerates five times more people than the United Kingdom, nine times more than Germany and twelve times more than Japan (Collier, 2014, p.56). Incarceration has several objectives. One of these is to keep persons suspected of committing a crime under secure control before a court of competent jurisdiction determines whether they are guilty or innocent.
Early punishments seem to have been extremely brutal and were mostly carried out in a public setting. For example, the execution of Robert-Francois Damiens in 1751 for attempted assassination was designed to inflict maximum pain on him before he died while showing people the entire process. The early punishments were very brutal for various reasons including the fact that the justice system of the day was mostly retributive. For example, the Code of Hammurabi was made with “an eye for an eye” approach.