Arguments Against Mandatory Minimums

Ever since the first prison opened in the United States in 1790, incarceration has been the center of the nations criminal justice system. Over this 200 year period many creative alternatives to incarceration have been tried, and many at a much lower cost than imprisonment. It wasn’t until the late 1980’s when our criminal justice systems across the country began experiencing a problem with overcrowding of facilities. This problem forced lawmakers to develop new options for sentencing criminal offenders.

The prison population in the United states has increased 500% in thirty years. Since the 1970s social inequality has impacted the American prison system. America has 2.3 million people in prison which is “five times more than England and twelve times more than Japan.” We want to know why our prison population is growing and what are the core reasons. Has our society caused mass incarceration? Is it based on conflict theory or social stratification? Our research will include a comprehensive analysis of sentencing guidelines from the war on drugs , race, and poverty and respectively its impact on mass incarceration. “The United States has the dubious distinction of leading every other nation in both the largest total

In, “The Caging of America”, by Adam Gopnik explains the problems in the in the American criminal justice system focusing more on the prison system. Some of the struggles that Gopnik states in his article are mass incarceration, crime rate, and judges giving long inappropriate sentencings to those with minor crimes. He demonstrates that inmates are getting treated poorly than helping them learn from their actions. Using facts and statistics, Gopnik makes his audience realize that there is an urgent need of change in the American prison system. The main idea of Gopnik’s article is that the prison system needs to improve its sentencing laws because prisons are getting over crowed. Gopnik’s argument is valid because there is a problem in the sentencing laws that has caused a malfunction in the prison system as a whole.

The mandatory minimum sentencing is about a fixed ruling of a crime that a judge is expected to deliver. Congress has enacted mandatory minimum sentencing laws. It was to impose the mandatory sentencing an offender would receive for crimes that were committed. The mandatory minimum punishment guidelines would require for judges to hand down judgement for a certain length of time. This would mean that for crimes that are committed there are criminal sentencing guidelines, this would give judges a certain discretion on how to proceed in sentencing an offender. These minimum sentencing apply to many of the crimes committed on society, such as violent, drug-related crimes and for those habitual offenders. In cases where the offender commits a crime and is a repeat offender then it should be left up the presiding judge to serve out justice. People who commit low level crimes should be punished but not to the extent of going to prison for a long period of time. Congress has enacted these guidelines so that the criminal justice system would not be burden with smaller crimes or be overwhelmed. Lengthy sentencing hearings seldom are necessary, the disputes about sentencing elements must be resolved with sensitivity concern and carefulness. A dispute exists about any factor important to the sentencing determination then a judge will use his discretion to hand down equal and fair judgement. Legislator statements during debates on mandatory

In his chapter on “Assessing the Prison Experiment,” he explained that the increase of crime rate is not the sole reason that mass incarceration occurs, and it was also because the courts and the legislature did indeed became “tougher” on offenders (Currie 14). Currie discussed the circumstances of the war on drugs, which was launched by President Richard Nixon. He indicates that the incarceration rate and sentence longevity were increased dramatically since the beginning of the war on drugs. Some of these offenders were given a sentence for more than ten years without the possibility of parole, which is taking away any chance of the prisoner being released before the completion of his or her sentence. Locking people up is a failed attempt to descend the crime rate, and the adoption of mandatory minimum sentencing law is the root of mass incarceration. The government should reconsider the current sentencing laws and reform the correctional system in order to solve the current mass incarceration problem. Furthermore, establishing more community-based programs for youth offenders and initiating early release programs are excellent alternatives to resolve the issue of mass incarceration from both long-term and short-term perspectives, respectively.

We approximately have 5 percent of the nation’s population, but we have over ¼ of the world’s prisoners. This number is still increasing at an alarming rate. Since the 1980’s the prison population has increased to 2.2 million men and women. In all of the world, we are the leaders in incarceration. Most of the people being arrested and charged are for drug related offenses. This significant increase in prisoners is due to the War on Drugs started by Ronald Regan.

The United States’ prison population is currently number one in the world. As a nation that proclaims freedom for citizens, the United States houses more than one million more persons than Russian and almost one million more persons than China. Currently, the United States makes up five percent of the world’s population and imprisons twenty-five percent of the world’s inmate population. Drug offenders who committed no act of violence make up a large portion of the inmates in the United States. County, State, and Federal prisons are so over populated that the private sector has opened up corporate facilities to house convicted persons. The cost each year to hold a person rises, placing larger financial demands on the judicial system. The Judicial System of the United States should reevaluate the sentencing guidelines for non-violent drug offenders to alleviate the high number of people in the prison system.

The United States prison population has grown seven-fold over the past forty years, and many Americans today tend to believe that the high levels of incarceration in our country stem from factors such as racism, socioeconomic differences, and drugs. While these factors have contributed to the incarceration rate present in our country today, I argue that the most important reason our country has such a high incarceration rate is the policy changes that have occurred since the 1970s. During this time, the United States has enacted policy changes that have produced an astounding rise in the use of imprisonment for social control. These policy changes were enacted in order to achieve greater consistency, certainty, and severity and include sentencing laws such as determinate sentencing, truth-in-sentencing, mandatory minimum sentencing, and three strikes laws (National Research Council 2014). Furthermore, I argue that mandatory sentencing has had the most significant effect on the incarceration rate.

The criminal justice system focuses more on criminalization and incarceration than it does on rehabilitation. The United States of America wins the award for the highest incarceration rate in the world with over 2.3 million people in correctional facilities. America itself contains only about five percent of the world population, but accounts for twenty-five percent of the world’s prisoners (American Civil Liberties Union). With a longstanding history of mass incarceration and

The mandatory imprisonment policies written for the judicial system are creating disparity of minority inmate population primarily due to non-violent drug crimes and the unjust mandatory minimum sentencing laws.

Mandatory minimum sentences are set by Congress and Judges can't change the sentencing. They apply to drug offenses and require automatic minimum prison terms for certain crimes. For example, selling 28 grams of crack cocaine triggers a minimum sentence of five years in prison. Even though Robyn's judge believed that Robyn deserved lower sentencing, it was not under his discretion. Bush-Baskette (2000) commented on how mandatory minimum sentencing standards had a major impact on women and being the sole caretaker of minor children was no longer being considered for sentencing purposes. It is clear that Robyn had become sober therefore her sentencing should be less than 10 years. Her sentencing not only impacts her life, but also impacts her children. Prison is not an effective treatment to drug use and crimes, especially low-level

Mandatory minimum sentences are court decisions where judicial discretion is limited by law. Usually when people are convicted of certain crimes they must be punished with at least a minimum number of years in prison. The article I picked to review is an article on mandatory minimum sentences. The article reviews the pros and cons of mandatory sentencing. I will go over the pros and cons described in the article and give my opinion on how I feel about them.

President Obama made headlines in January when he granted clemency to roughly 2000 inmates, mostly convicted of drug-possession crimes, The clemency pardoned the prisoners from their mandatory minimums in an effort to rebuild their lives. Mandatory minimums are the required amount of time that convicted felons have to serve for the crime they are guilty of, which is influenced by the type and frequency of the crime. Obama’s action is representative of the increasing criticism of mandatory minimums, due to the belief that instead of creating a safer landscape, the minimums only increase prison populations. Mandatory minimums are detrimental due to their influence on society’s perception of prisoners, psychological toll on prisoners, and destruction of prisoners’ relationships; many propose alternatives to the mandatory minimum such as restoring sentencing power to judges and creating rehabilitation programs as an alternative to minimum sentencing.

While the original goal of mandatory minimums was to target drug traffickers, Congress was irrefutably concerned with reducing drug use. Hastily created during the peak of the drug epidemic, the policies demonstrate a complete lack of understanding of drug addiction. Lawmakers misconceived the causes of drug crime and instead created a policy that does not accurately address the root of drug abuse. As a result, drug use, crime, and trafficking remain unaffected, even heightened, by the policy.

As a result of mandatory minimum sentencing we now have overcrowding of our prisons system with minor criminals some of whom may be innocent. This in turn has made racial and ethnic bias perceptions due to the majority of offenders being incarcerated are of African American heritage or of Hispanic heritage. According to Sterngold, 2008 “Most of California’s prisons house more than 170,000 inmates, nearly twice the number it was designed to safely hold. Almost all of its facilities are bursting at the seams: More than 16,000 prisoners sleep on what are known as “ugly beds”—extra bucks stuffed into cells, gyms, dayrooms, and hallways. The effects of overcrowding—electrical