Mandatory minimums have caused much debate and have become a cause of concern for many citizens. It has been “known for some time now that mandatory penalties will not produce just outcomes and will anyway likely be subverted.” (Frost, 2006, p.3) By doing so, many marginalized groups will be negatively affected by this practice.
One group particularly affected by mandatory minimum sentencing is the Black community. “The Report of the Commission found that in general "Black accused (30 per cent) were significantly more likely than White accused (23 per cent) to be refused bail and imprisoned before their trials.” (Mirza, 2001, p.507) Since these areas and communities tend to be policed heavier, they are charged and sentenced more frequently. Cowden (1992) states that: “Black youth are less likely to be cautioned or warned by the police and more likely to get arrested than any other ethnic group. Once arrested, they will generally go into the ’hardest’ end of the system, unable to gain access into its more ’rehabilitative’ parts. Moreover, once in the courtroom, they get the toughest and longest sentences.” (p.105)
This contributes to a higher incarceration rate and an overrepresentation in prisons. Therefore, “... it becomes evident that racist policing and mandatory sentences
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“Mandatory minimum prison sentences alter the criminal justice framework. They drain the control of the judiciary over punishing offenders and bestow quasi-judicial powers on police and prosecutors.” (Mirza, 2001, p.493) This will likely occur because it removes any discretion in regards to sentencing and eliminates the consideration of an individual’s circumstance or motive. This also does not take into consideration what happened before the crime. This could refer to provocation, family history, whether the individual was a first time offender, or even colonial