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Negative effects of mandatory sentencing
Three-strikes law conclution
Mandatory sentencing
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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.
In 2014 there were 215,000 people incarcerated in federal prisons, almost half were there for drug-related offenses with the enactment of mandatory minimum sentencing laws for drug offenses in the 1980s, increasing the population by more than 800 percent (Malcolm, 2014.) “Moreover, drug offenders make up the single largest category of incarcerated offenders in Tennessee, serving an average sentence of 9.7 years” (Malcolm, 2014, paragraph 21.) By limit sentencing, we can address the issues of high cost, by using probation and parole for more misdemeanor
While America holds 10% of the world's population, America also holds 25% of the world's jailed population. That number is baffling because one in every 4 people are jailed. This comes rise in jailing trickles down to the war on drugs in the early 70’s. In June of 1971, President Richard Nixon declared a “war on drugs”. He increased law enforcement agencies and mandatory sentences for people charged with drug related crimes.
Mandatory Sentencing The three strikes legislation is used as a deterrent in different states. This makes sense because if someone is aware that they will receive consequences for their actions, it will make them think twice before committing another crime. “Habitual felony laws, commonly known as three strikes legislation, began in 1993 when an initiative was placed on the ballot in Washington State, mandating the punishment of life imprisonment without parole for offenders convicted for a third time of specified violent or serious felonies.”
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
As outlined by the Connecticut General Assembly in a 2005 study, proponents of the law believe mandatory minimum sentencing are first, effective in deterring severe offenses such as weapon and drug crimes. Second, protect against bias during sentencing. Third, they increase prison sentences for convicted offenders, thereby removing these individuals from the environments in which they would commit more crimes. Lastly, proponents trust the penalties will persuade lower-level offenders to testify against high-level offenders to negotiate their sentence (CGA,
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).
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.
In 1972, former President Richard Nixon made his infamous statements regarding crime and drug abuse. In this speech, he declared a war on crime and drugs and intended to decrease the number of people using drugs and the amount of crimes that were committed. Since this declaration, incarceration rates in the U.S. have gone up by 500%, even though the amount of crime happening has gone down. One of the reasons why I feel our rates have risen, is because sometimes, we put people in jail when they don’t need to be there in the first place.
Essentially, the war on drugs has demonstrated to be an exorbitant expense. The federal government in 2002 alone spent $18.822 billion in the form of expenditures such as treatment, prevention, and domestic law enforcement (CSDP, 2007, p. 54). However, given that the drug war has garnered meager results, this investment may be interpreted as a waste of taxpayer dollars. Alternatively, the money that has been allocated to arrest and detain drug offenders may also be a source of contention. CSDP (2007) “Of the 1,846,351 arrests for drug law violations in 2005, 81.7% (1,508,469) were for possession of a controlled substance.
On March 7, 1994, the governor of California signed into law the "Three Strikes" legislation (Harris & Jesilow, 2000, P185). The law was originally set in place to hold those who committed serious felony offenses accountable for their second and third convictions, and intended to send a “…message to those who would prey on the innocent” (Harris & Jesilow, 2000, P185). The second offense would include penalty twice the prison term and a third would result in a sentence three times the normal stint given or a term of twenty-five years to life, whichever is greater. The “Three Strikes” law significantly disrupted the efficiency of the court system by increased trials and greater workloads and made predictions of case outcomes difficult. The “Three Strikes” law not only cause and influx of work and jail population but was also ineffective in “punishing” those who were committing the crimes, eventually leading to a revision of the law in 2012.
Introduction Sentencing methods and rationales are continually highly contested in the Criminal Justice system. Monetary penalties are particularly pivotal in these debates. According to Walsh, research from all corners of the world continually demonstrates that the poorest in society are more likely to be subject to the Criminal Justice System. This evidence Walsh argues, ‘cannot be ignored’, when considering which sentencing options should be used. The fine is the most commonly used penal sanction in most Western Penal systems.
As well as that they remove the judge's’ ability to consider individual circumstances, indirectly create racial disparities, and goes against the constitutional rights of the prosecuted. The ACLU plans to abolish, and or reform because of the problems. Their strategy to change the problem is by passing acts such as the Fair Sentencing Act to reduce the racial difference within prison, and even out the sentence difference between forms of drugs. Data Analysis Upon analysis of the data I have come to the conclusion that even with an explanation of mandatory minimums the public seems not to understand the consequences of mandatory minimum. 50% stating they know little to nothing at all, as well as 45% stating it is an effective tool shows that very fact.
Why we should incarcerate drug users Currently one of the less heated but still talked about debates is the issue of what we should do with those who have been caught using illegal substances. Some people say that we should be giving them rehab, and some say that they deserve to be in their. Both sides have their points, but the evidence points towards incarceration being a better option. The reason our judicial system incarcerates drug abusers are because enforcement will discourage drug use, it will keep them away from innocent people, and it will punish the addicts so they know not to do it again.
isn’t the only thing people believe needs to change; the reasons for arrests have been criticized by many. America incarcerates more citizens for drug related crimes than any other place in the world. Of the roughly 200,000 in federal prison, 52% are being held for drug crimes and only 8% are for violent crimes, such as: murder, assault, and robbery (Waldman, 2013). Many believe that the “War on Drugs” must become less aggressive because of its large contribution to the prison population. The distribution of prisoners by race has also raised concern among Americans.