ipl-logo

Pros And Cons Of Mandatory Minimum Sentencing

387 Words2 Pages

Mandatory minimum sentencing requires a minimum sentence based on the crime that the offender committed (Levinthal, 2012). The majority of the laws involved illicit drug activity and is based on the amount of the substance that was in the individual’s possession. Unlike general sentencing, the judge involved in the mandatory minimum sentencing must follow strict guidelines that are provided. The judge cannot decrease the term of the sentence, no matter the circumstances that are involved in the matter. However, depending on the severity of the crime involved, the judge can decide to increase the sentence if it is determined that the factors require more than the minimum (Dahl, 2014). In the case of drug offenses, an individual found guilty for possession on the first offense will serve a lesser term than that of an individual who is serving time for a second …show more content…

For example, a first offense for 1 to 49 plants of marijuana will get a person no more than five years in prison, while the second offense for the same charge will increase the prison term to no more than ten years (Levinthal, 2012). In a criminal court system, the use of mandatory minimum sentencing has its own share of pros and cons. As judges are provided with strict guidelines they must follow in sentencing, the judges are not able to use their personal bias or sympathy for the individual involved to determine what their sentencing term should be (Taslitz, 2013). It also places more significance on the charges that the prosecution team files against them. The judge cannot vary from the required sentencing; however, the prosecutor can assure a steeper minimum sentence if they tack on additional charges instead of

Show More
Related
133 Words | 1 Pages

The last thing about incarcerations is there are other alternatives. That’s the another point the Smarter Sentencing Act is trying to say other than shorter sentencing times. “The 24/7 Sobriety Project is a court-based program designed to reduce the re-offense rates of repeat Driving Under the Influence (DUI) offenders. Started as a pilot project in South Dakota in 2005, the 24/7 Project requires participants to maintain full sobriety, meaning no use of alcohol or illegal drugs, in order to keep their driving privileges and stay out of jail” (). This states that anyone with a DUI or any other drug offences can seek help to stay out of jail in South Dakota.

Read More
997 Words | 4 Pages

If the offender is found guilty for the charge they will receive the harsher sentence, it is all about being honest within the federal courts, on determining the offenders

Read More
550 Words | 3 Pages

The Three Strikes Law states that a penalty enhancement should be handed down to anyone who had previously been convicted of one or more supposedly serious or violent felonies. Under the same laws, an offender who had previously been convicted of a violent or serious felony, regardless of how diminished it may be, face the risk of double-sentencing under the guidelines of the second strike. On the other hand, a third- strike sentencing guideline is applied when an offender with two or more previous crimes is convicted. Under this guideline, a minimum of twenty-five years to life is applied. However, for the third-strike sentence to be passed, the previous crimes committed must be either violent or serious.

Read More
96 Words | 1 Pages

When a judge is considering sentencing to convict an offender specific deterrence should be more valuable than general deterrence but both are needed in the sentencing process. For the offender not to reoffend specific deterrence need to be embedded to determine the certainty of the crime. So the offender will not commit the same crime twice. Overall doing the sentencing process the judge have the right to use this offender specific deterrence to promote general deterrence to the public. This will allow other to fear the consequences and possibly punishment if they commit this specific crime.

Read More
509 Words | 3 Pages

The role of the government is to keep everyone and everything in line. The government should have a sentencing reform because with the system we have now it 's just making things worse. Some people are being placed in jail because of their color when there are real criminals that are set free when they really did do something wrong like murdering someone. The government should have a sentencing reform because the system now is just making things worse. To begin with, The government should have a sentencing reform because the system now is just making things worse.

Read More
275 Words | 2 Pages

In this case, the law dictates the specific sentence. The judge has no leeway, however, the sentence may be reduced by good conduct and earn time

Read More
1515 Words | 7 Pages

So as not to punish an offender too harshly, the legislation may be drafted to decrease the sentence. This ensures that the society remains supportive of the justice system because when a sentence is delivered and it is unduly harsh or unduly lenient, the public may feel that the justice system has failed and that justice has not been served

Read More
224 Words | 1 Pages

In the U.S. criminal justice system, there are two basic sentencing models that the courts use to apply their judgments. These are determinate sentencing and indeterminate sentencing. Determinate sentencing can be referred as a set sentence imposed to an offender this model is based on the famous phrase “Do the crime and will do the time”; however, this model has a unique quality and that is that a parole board can’t overturn the length of the sentence that was imposed. On the other hand indeterminate sentencing can be describe as the length of a sentences that has not being defined yet like the term “25 to life” on this term you can see that the sentencing was not set to an specific time frame, that means that the offenders release date is

Read More
673 Words | 3 Pages

For example, the parole and supervised release committee must take into consideration the victims opinion when considering a offenders release, thus limiting the boards ability to use it’s discretion on what they may be a more appropriate release date. The goals of the victim-witness program could also potentially limit the prosecutions ability to prosecute the offender for a longer sentence. For example, a victim could potentially want to forgive the offender for the harm they have been cause, therefore, seeking for a more lenient sentence then the prosecution may be seeking, thus constricting the prosecutions

Read More
622 Words | 3 Pages

By abiding with this type of sentencing there is a bigger slack of discretion I can use. I can base more on the individual as a person. If the individual doesn’t have a prior criminal record this will benefit him in my sentencing. Mitigating Circumstances

Read More
1912 Words | 8 Pages

Judges should have more discretion regarding the sentencing process because the judges are the people who can take all of the facts, look at them, and judge the totality of what the convicted person deserves. Legislatures and citizen initiatives do not have all of this information and so cannot make the same sorts of informed decisions that judges can. When discretion is present in the court case, the judge has the ability to use common sense to enforce the common law and treat people with trust and flexibility. Allowing individuals make mistakes in their past once or twice a second chance follows what judicial discretion is. In most cases, officials should be mutually consistent and transposable on making similar decisions in related cases.

Read More
1798 Words | 8 Pages

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

Read More
1728 Words | 7 Pages

The current system that incarcerates people over and over is unsustainable and does not lower the crime rate nor encourage prisoner reformation. When non-violent, first time offenders are incarcerated alongside violent repeat offenders, their chance of recidivating can be drastically altered by their experience in prison. Alternative sentencing for non-violent drug offenders could alleviate this problem, but many current laws hinder many possible solutions. Recently lawmakers have made attempts to lower the recidivism rates in America, for example the Second Chance Act helps aid prisoners returning into society after incarceration. The act allows states to appropriate money to communities to help provide services such as education, drug treatment programs, mental health programs, job corps services, and others to aid in offenders returning to society after incarceration (Conyers, 2013).

Read More
113 Words | 1 Pages

If successful, diminished capacity results in the defendant being convicted of a lesser offense.

Read More
840 Words | 4 Pages

Sentencing Sentencing occurs after a defendant has been convicted of a crime. During the sentencing process, the court issues a punishment that involves a fine, imprisonment, capital punishment, or some other penalty. In some states, juries may be entitled to determine a sentence. However, sentencing in most states and federal courts are issued by a judge. To fully understand the sentencing phase of criminal court proceedings, it is important to examine how sentencing affects the state and federal prison systems, learn the meanings of determinate and indeterminate sentencing, and understand the impact Proposition 57 has had on sentencing in California.

Read More

More about Pros And Cons Of Mandatory Minimum Sentencing

Related Topics

Open Document