Mandatory sentencing Essays

The mandatory minimum sentencing is defined as "a policy requiring a judge to impose a fixed minimal term in prison for individuals convicted of certain crimes, regardless of the individual's role in the crime or other mitigating circumstances", (Levinthal, 2012, p. 130). The standards set within mandatory minimum sentencing consists of the type of drug, the quantity of the drug, and the individual's criminal history. Whereas, the defendant will either serve the full sentence imposed on them or 85%

Mandatory Minimum Sentencing in Recent Legislation: Is it Effective? The Canadian government has been sending mixed messages regarding current punishment practices in this country. It has a strong commitment, as do the provinces, to using community-based corrections. At the same time, recent federal legislation and amendments to the Criminal Code of Canada are encouraging tougher penalties, most of which are mandatory prison time for gun-related offences. Do these amendments go far enough? Should

Mandatory minimum sentences are the product of good intentions, but good intentions do not always make good policy; good results are also necessary. Recognizing this fact, there are public officials on both sides of the aisle who support amending some components of federal mandatory minimum sentencing laws. But before such reform can proceed, Congress must ask itself: With respect to each crime, is justice best served by having legislatures assign fixed penalties to that crime? Or should legislatures

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

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)

Mandatory sentencing occurs when a crime is committed and a required sentence must be provided from the magistrate or judge. Normally, a required sentence sets a minimum sentence. If it deems it appropriate, a court can still impose a sentence that is longer than the maximum penalty and sometimes, it is also mandatory for a court to order that prison sentences be served one after the other (cumulatively), and not at the same time (concurrently). In Queensland serious repeat child sex offenders receive

of doughnuts from the corner store. You are at your home when suddenly officers burst in and arrest you. Then during your court proceedings, the prosecutor brings up two prior convictions from thirty years earlier so he can charge you under mandatory sentencing laws. This means a life sentence without parole over a fifty- cent pack of doughnuts. Though this scenario sounds too outrageous to be true, it happened to Robert Fassbender, a California man. States Attorney Yraceburn stated," Because of his

types of sentencing that follows what is intended to be an impartial judicial proceeding during which criminal responsibility is ascertaining. Majority of the sentencing decisions are made by judges, although in cases such as death sentence cases, a jury may be involved in a special sentencing of the sentencing process. Unfortunately, sentencing decision is one of the most difficult made by any judge or a jury especially when it impacts someone’s life. Additionally, there are numerous sentencing models

Mandatory minimum sentencing laws, which were introduced about three decades or so ago, allow judges to issue a minimum prison sentence at the discretion of the prosecutor, who determines the charges that are placed against a defendant. These laws, as outlined by the Criminal Justice Policy Foundation (n.d), limit the power of the judges to make a judgment on the punishment that can be given to a defendant. The meaning being that mandatory minimums transfer the power to give sentences from the judges

Sentencing Guidelines are a set of rules used by judges in the criminal justice system in the United States. The sentencing guidelines were first established in Massachusetts in 1994. When the sentencing guidelines were established, its main goal was to "promote truth in sentencing by developing a set of guidelines that was appropriate in consideration to the crime the individual had committed." (Massachusetts Sentencing Guidelines, February 1998, the Honorable Robert A. Mulligan, Chairman). There

In 2010, then President Barack Obama signed the Fair Sentencing Act into law. The law aimed to reduce the disparity between the amount of powder cocaine and crack cocaine needed to trigger federal penalties from a ratio of 100:1 (originally set by the Anti-Drug Abuse Act of 1986), to a ratio of 18:1. The law also eliminated the five-year mandatory minimum sentence for possession of crack cocaine (Fair Sentencing Act, 2010). The act is expected to be beneficial to around three thousand defendants

many states passed Mandatory Minimum Sentencing laws. These laws have been the object of an astronomical amount of criticism for almost the past three decades. A majority of these laws are unjust, but few can be beneficial to our society. Originally created to be a deterrent against crime, Mandatory Minimum Sentences are now a powerful representative of the United States prejudice justice system. A study conducted by the Connecticut General Assembly investigated Mandatory Minimum Sentences,

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

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

Mandatory minimums have long been a controversial topic in regard to the United States criminal justice system. Many people who are little to no threat to the public have received long and harsh sentences because of the mandatory minimums. The purpose of these laws was to help prevent future crime, deter people from drug use, and give violent offenders longer sentences. These legislative changes have caused the lengthening of sentences, truth in sentencing laws, and three-strike laws. Mandatory minimums

The Criminal Justice system in Ghana defines a crime as an act against the state rather than an act against the individual and the community at large. It focuses more on punishment and retributive justice instead of restorative justice, which takes into consideration the victims, and healing the harm caused them. Victims often feel vulnerable and defenseless. Some even feel twice victimized, first by the offender and then by an uncaring criminal justice system that does not make adequate provision

illustrated in section 31A of the Act which includes death penalty for certain repeat offences such as production, possession, transportation, manufacture, import and export of NDPS involving large quantity of drugs. The provision was introduced as a mandatory punishment in 1989. However, offences punishable with death were narrowed down by the amendments made in 2001. The first conviction, under Section 31A, must be for offences under Sections 19, 24, or 27A or for offences involving commercial quantity

America's Overcrowded Prison Crisis And War On Drugs Involvement. Should we lower mandatory minimum sentences for nonviolent offenses?The reason for this is that we should prioritize the space in the prisons for real dangerous people. This question really arose during the forefront of the War on drugs crisis. “The proliferation of mandatory minimum sentences during the height of the War on Drugs” ("The hidden costs of America's war on drugs."by Joseph D. McNamara) was the effect of The Violent

In the past, racial profiling has been used numerous times by police officers and people who thought races other than white were the cause of every case and problem. They thought they were better because they were white and blamed people of other races for committing crimes by judging everyone based off ethnicity. In the play, Zoot Suit by Luis Valdez, Henry and the 38th Street Gang were accused of crimes they have not committed because they were Mexican- American. Today this is still seen society

enacted by reoffenders by making sure that they will receive and serve the maximum and the entire sentence under the law. Therefore, the court concluded that the argument fails due to the responsibilities of the trial courts to just adjudge a minimum mandatory