Essay On Mandatory Minimum Sentencing

The first section is for the mandatory minimum sentence of life in prison for first and second-degree murder and treason. The second section deals with firearms offences. The third section of mandatory minimum sentences address repeat offenders in seven distinct categories, which involve impaired driving and possession of unauthorized weapons (Canada, 2013). The last category of MMS in Canada deals with hybrid offences. These were implemented in the Canadian legislation in 1995. If an offender commits a crime that has been determined to result in a mandatory minimum sentence within the Canadian Legislation, the judge must implement that sentence no matter what the aggravating or mitigating factors are. Due to this sentencing legislation, many innocent people are serving time in prison due to a false conviction and the lack of judicial discretion in their individual case. Even though mandatory minimum sentences offer more costs then rewards, some politicians, community members and victims of crime still support it due to the proposed retributive and deterrent effects. There have been many cases and arguments against mandatory minimum sentences especially due to the fact that it restricts the judge’s discretion during the sentencing process. These will be discussed in more depth throughout this paper.

In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from

Three salient points from the films/lectures were assessments of change from the five stages of change model (Norcross, j. c., n.d.), the Fair Sentencing Act for mandatory minimum sentences (American Civil Liberties Union, 2010), and eliminating government involvement in regulation of drugs and alcohol substance, while allowing the various states to manage control (ABC News.com, 2007).

The concept of mandatory sentencing is a relatively new idea in the legal field. It was first introduced in 1951 with the Boggs Act, and it made simple marijuana possession a minimum of two to ten years with a $20,000 fine. This was eventually repealed by Congress in 1970, but mandatory sentences came back with the passage of the Anti-Drug Abuse Act of 1986. Since then, the scope and presence of mandatory sentencing has only grown, especially mandatory sentences for drug related offenses. Recently, there has been a growing concern over the use and implementation of mandatory minimum sentencing, with many believing it reduces a judge’s ability to give out a sentence that they feel accordingly fits the crime. Many advocates for mandatory

In the article “Mandatory Minimum Sentencing: A Failed Policy,” the author highlights how mandatory minimum sentencing is a policy that has failed in attempt to put an end to drug crimes. Batey stated that the attempts of federal and state thought that they could “get tough on crime,” particularly drug offense, by eliminating the sentence discretion of judges and restoring it with long minimum sentences that applied regardless of defendant's individual circumstances (Batey 24). Moreover, the mandatory minimum sentences take authority away from the judge and give it to the prosecutor, who decides whether to charge the defendant with a crime carrying a long minimum sentence or much less offense. Withal, mandatory minimum sentences have failed due to giving America’s power too much power in plea bargaining, an imbalance that has led to the incarceration of persons too fearful to insist on a hearing that might have released them (Batey 25). Finally, Batey mentions that mandatory minimum sentence policy has filled prisons with the wrong people, which are minor players, not drug kingpins, and even some who are innocent (Batey 25).

Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons. Judges were overloaded with these cases, and lengthy prison terms were mandated to these young offenders. Mandatory sentencing is an interesting topic in which I would like to discuss my opinions in going against

The court system is an organization in order to provide swift and accurate judgement to the public. When an individual commits a crime they are summoned to appear before a judge. The judge is the individual who will determine their fines, jail time and the overall outcome of a case. This paper will discuss mandatory minimum sentences and sentencing guidelines.

I look at the example of a single mother who has gotten caught up with the wrong people and has committed a crime that falls under mandatory sentencing. Juries can easily be manipulated by the defendant’s lawyer into feeling sorry for this woman who has committed a crime. With mandatory sentencing the juries do not have to take into account the single mother’s hardships that sentencing may cause ("8 Pros and Cons of Mandatory Minimum Sentences").

Federal statutory mandatory minimum penalties have existed since the early days of the nation,1 and they have continually evolved in the centuries since. As policy views have shifted over time, Congress2 and many others3 have continued to examine the role and scope of these mandatory minimum penalties in the federal criminal system.4 For more than thirty years, the United States Sentencing Commission (“the Commission”)5 has played a central role in this process, working with the legislative, executive, and judicial branches of government and other interested parties to ensure that sentencing policy promotes the goals of the Sentencing Reform Act of 1984 (“SRA”).6 Consistent with its statutory role,7 the Commission has continued to inform the

This research is based on several journal articles, online databases, and textbooks. The information extracted from these sources of content is used for the analysis of this study. Furthermore, the information gathered from this research is specifically used to focus on the difficulties that juveniles face when sentenced to life without parole. Instead of having the opportunity to serve their sentence through probation or parole, some juveniles are sentenced to face irreversible damages. Thus, it is imperative to understand that there are programs through community corrections that benefit juveniles far more than life without parole. The information gathered provides society with a better understanding of the sanctions in the Juvenile Justice

Judicial discretion was prevalent over the first half of the last three decades, but has been regulated by legislature since 1984. Discretion by definition is the authorization of deciding as one thinks fit, absolutely or within limits (Ntanda, 1999). Indeterminate sentencing, traditionally, has afforded judges considerable discretion over the resolve of criminal sentencing. “While such discretion theoretically allows judges to tailor sentences to the circumstances of individual crimes and criminals, thereby achieving a sort of ex post fairness, it also permits variation in sentences that may not be warranted by the observable facts of the case, reflecting instead the judge’s own preferences” (Miceli, 2008, p.207). The punishment

Each year in America many people received prison sentences for crimes that pose little if any danger or harm to our society. Mandatory Minimum Sentencing in the American Justice System has long been argued by both Lawmakers and the public. We will go over some of the history of mandatory minimum sentences as well as the many pros and cons to these types of sentences. Some examples of pros and cons are the overall effect on public safety, the effect on the offenders, the cost to taxpayers, the lack of discretion for Judge’s, and whether the law should be repealed.

Sentencing models are plans or strategies developed for imposing punishment for crimes committed. During the 19th century these punishments were normally probation, fines and flat sentences. When someone was given a flat sentence, he or she had to serve the entire sentence without parole or early release. However, by the end of the 19th century the new models were developed. These new models include indeterminate, determinate, advisory/voluntary guidelines, presumptive and mandatory minimum sentencing (Schmalleger & Smykla, 2011).

The Different Aims of Sentencing There are a number of reasons why a society punishes offenders. These include, among others, to discourage the offender from committing further crimes (individual deterrence), to help the offender, so that he or she won’t offend again (rehabilitation), to prevent the offender from committing further crimes through imprisonment (incapacitation) and to show society’s disapproval of the crime (denunciation). Retribution is to punish on the premise that it is a payback for the offence (Retribution carries with it the notion of “Do the crime, do the time”) Reparation is aimed at compensating the victim of the crime usually by ordering the offender to pay order to

139). Mandatory Sentencing is where the legislation Is the one who provides a fixed sentence for the offenders who are found guilty of that crime and that the judge has no discretion in the sentencing what so ever. The types of crimes that are usually used in this type of sentencing are crimes that were committed with firearms or drugs. A pro of Mandatory Sentencing is that it guarantees the defendants will not receive a light sentence at the judge’s discretion (CJ 2010 Textbook Pg. 139). A Con of this type of Sentencing is that it provides no discretion for individual circumstances, offenders who may have benefited from diversion, counseling, or probation will be sentenced to imprisonment (CJ 2010 Textbook Pg. 139).