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Pros And Cons Of Mandatory Sentencing In The United States

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Mandatory sentencing began in October 27 1986 Reagan signed a law Anti-Drug Abuse Act of 1986. Frontline writes that the law allocated funds to new prisons, drug education, and treatment. But its main result was to create mandatory minimum sentences. The harsh sentences on crack cocaine use disproportionately affect African-Americans April 22, 2014.

Mandatory sentencing was meant for certain crimes commonly serious and violent offenses. Judges are bound by law for these sentences are produced through the legislature not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people convicted of …show more content…

Mandatory sentencing laws often target moral vices like alcohol, sex, drugs, and to friendships and family via prohibition, and crimes that threaten a person's livelihood. The idea is that there are some crimes that are so serious there is no way to accept the offender back into the general population without first punishing them sufficiently. Some crimes are viewed as serious enough to require an indefinite removal from society by a life sentence, or sometimes capital punishment. It is viewed as a public service to separate these people from the general population, as it is assumed that the nature of the crime or the frequency of violation supersedes the subjective opinion of a judge. Remedying the irregularities in sentencing that arise from judicial discretion are supposed to make sentencing more fair and balanced. In Australia and the UK, sentencing has been heavily influenced by judicial idiosyncrasies. Individual judges have a significant effect on the outcome of the case, sometimes leading the public to believe that a sentence …show more content…

"While I do believe being tough on crime is a good thing in general, it's the role of the judge to determine it."
Mandatory minimum sentences often tie a judge's hands, robbing them of their right to tailor sentences to a specific situation.
I suppose tough-on-crime laws “worked" if success is only measured by the increase of prisoner populations. However, one of the unbelievable little details of this new tough-on-crime stance is how differently the federal government views crack cocaine and powder cocaine.
I am thankfully not an expert on cocaine or its use, but a cursory Google search tells me that crack cocaine is just powder cocaine mixed with baking soda. However, what's interesting is how these new laws targeted crack cocaine but not powder cocaine.
Well, crack cocaine was an inner-city drug, while powder cocaine was something for the Wall Street lifestyle. Basically, white people chose to use powder cocaine, and powder cocaine doesn't result in nearly the same kind of damaging prison sentences as crack does. Ironically, crack is more frequently used by poorer minority populations due to its

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Due to the unprecedented expansion of the war on drugs by the Reagan administration started a long period of skyrocketing rates of incarceration. The huge number of offenders incarcerated for nonviolent drug offenders increased from 50,000 to 1980 to over 400,000 by the year 1997. In 1981, Nancy Reagan began a highly publicized antidrug campaign called “Just Say No”, as public concerns arose due to the portrayals by the media about people addicted to a smoke-able form of cocaine dubbed as “crack”. This campaign set the stage for zero tolerance policies implemented in the late 1980’s.

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Prosecution & Sentencing Issues Wrongful Convictions Mateusz Konieczkowski CRM 420-01 Professor Rivolta 5 May 2015 Central Connecticut State University #1 There has been many times where the tough-on-crime approach has characterized our Criminal Justice System since the early 1980’s. One of these policies is the Sentencing guideline. Many times, when judges following the sentencing polices, they are too soft on the criminals. Some criminals get away with the crime that they have done. Even in the book illustrates how “a second problem was the recognition of racial disparities” (Mays & Ruddel, 2015).

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Mandatory minimum sentences are sentences mandated by law for

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In 1995 Bill Clinton escalated the seriousness of drug crimes by establishing the “three strikes, you’re out” policy, The “three strikes, you’re out” policy declared that any person with three violent crime charges would be put on trial for a life sentence, moreover it stated that any drug felony is equivalent to a violent crime. So, with possessing marijuana, crack, or cocaine being reclassified as a felony, these minor drug offenses could turn into a lifetime sentence. From 1983 to 1989 the American prison system increased from 14,301 inmates to nearly 40,000, a 180% increase. For race, by 1989 the arrest rates for whites was 365 for every 100,000 while for blacks the rate was 1,460 per 100,000, thus the incarceration rate for blacks was four times higher

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Let’s look at the punishment related to crack cocaine use offenses and how they are that much more severe than the punishment for illicit use of prescription opioids. Through this research we will come to realize that the only real difference between the two is the skin color of the people using them. With a rapid increase of deaths related to the misuse of pain relief prescription medications there is a frenzy in the “white community”. However, this same type of sympathy was unheard of during the black crack cocaine epidemic of the 1990s. Where the most aggressive drug sentencing laws to date were instituted, impacting minorities

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These mandatory sentences made small crimes big crimes. Meaning people convicted of these crimes were locked away with other felons while getting no treatment for their addiction. Once released these people are now labeled as an Ex-Convict, now making it difficult to find a job and support their family. Once they finally realize that they can't get a job to make enough money to support their family they now go back to the one activity that they know will make money and that is the drug game. This is a vicious cycle that repeats itself over and

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In the early 1980s, the United States declared an all-out war on drugs and over the past several decades the United States of America has traveled down a dark road when it comes to sentencing for drug offenses. One of the major tools that they used in this war on drugs is the mandatory sentencing laws. These laws were enacted in 1984 to help combat and get violent drug dealers off our streets. What these laws did was set a mandatory minimum sentence that stated if you are arrested for fifteen or more grams of crack cocaine, you would be charged as if you had five hundred grams of powder cocaine thus getting you a minimum of a ten year sentence in prison. If you are arrested for growing 100 marijuana plants under these draconian laws, you would be charged as if you were possession of 100 pounds of marijuana which carries a minimum of a five-year

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Should mandatory sentencing options exist for most crimes? In my opinion, mandatory sentencing should be given to those who commit crimes like murder, rape, Robbing. Compare to small crimes like small possession of drugs to disturbing the public places. A crime like those should be given probation or sent to a program to help them learn about their mistake they made, in the sense that they can learn from it. So, to be honest I feel like only certain kind of crime should have mandatory sentencing and not be so harsh with the little crimes that people do.

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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.

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Under the Anti-Drug Abuse Act of 1986, crack cocaine was considered the “evil brother” and was deemed more dangerous than cocaine in powder form. Research conducted by the United States

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Although this is arguably a little extreme, the case about making a point stands. Through this message, society now has the potential to grasp how certain matters are treated by the law. One of the issues with mandatory sentencing is that there is no flexibility for any future cases. Mr Cowdery, a retired DPP officer said, "judges needed discretion in sentencing to ensure the punishment fitted with the circumstances of the crime and the criminal themselves". Mandatory sentencing poses a large threat to society, due to the limitation on a judge 's ability to sentence in accordance with the severity of the offence, an individual may receive a punishment much harsher than they

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Laws, Policies, Court Cases The main reason of the use of mandatory minimums and a root problem of it is the legal actions of the War on Drugs proposed by Richard Nixon during the 1970s. This in turn led to a drastic increase in prison population and did little to help the people addicted to the drugs. Attempts to mitigate the strength of punishments being handed out such as the commission of decriminalizing marijuana bills of 1973 and 1977, as well as the Sentencing Reform and Corrections Act of 2015 have been turned down. A court case that involves challenging the mandatory minimums is the court case of Alleyne v. United States, where in a 5 to 4 decision the court decided that facts that trigger a mandatory minimum sentence must be included and proven to a jury by proof beyond a reasonable doubt. This goes against the Harris V. U.S This gives protection to the

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