Mandatory Sentencing

A mandatory sentence is one where judicial discretion is limited by law; those convicted of certain crimes must be punished with at least a minimum number of years in prison. The most famous example of mandatory sentencing is the ‘three strikes and you’re out’ policy adopted first in California in 1994, and now more widespread in the USA. "Three strikes" laws require life imprisonment for a third criminal conviction, but other forms of mandatory sentencing are now being discussed and implemented in various countries. The British Home Secretary Michael Howard implemented a three strike policy in Britain in the mid 1990s, implementing a mandatory minimum three year sentence for a third conviction of burglary. Australia’s Northern Territory

When you think of mass incarceration it is imperative to look at the causes that affect minorities. One major thing that produced an increase in mass incarceration is the war on drugs. The war on drugs has impacted minorities in a major way. The war on drugs pushed policymakers to structure laws that were targeting underprivileged individual mainly minorities group. In addition, “The deinstitutionalisation of people with mental illnesses, and punitive sentencing policies such as three-strike laws (mandating life imprisonment for third offences of even relatively minor felonies) and mandatory minimum sentences for specific offence, even for some first0time offenders undoubtedly helped to both launch mass incarceration and keep it going” (Wilderman, & Wang, 2017, p. 1466). The war on drugs came during a time when crack cocaine became widespread in the black community. The popularity of crack cocaine became prevalent and accessible for many low-income individuals. Therefore, the high rate of crime that was induced by the crack epidemic forced many jobs to leave the communities. However, the structuring of laws put more emphasis on crack cocaine than powder cocaine. Not to mention, crack cocaine is prevalent in minority communities, and powder cocaine is present in the majority community. According to Martensen (2012), “Not only does this deny accessible goods and services to local residents, it likewise decreases the local job opportunities available for community members” (p. 214). Consequently, many African American called on the police to take action against the same people that looked just like them. Crutchfield, & Weeks (2015) states, “Some of the changes during this period of increased incarceration that disadvantaged people of color coming into the justice system were implemented with the help and support of African American political leadership” (p. 109). Therefore, lawmakers had to come up with a solution to address the issue. Law-makers created laws that put emphasis on arresting drug dealers for selling drugs. These small-time drug dealers were becoming a hazard to the community. However, the laws begin to cause harm to all that looked brown or black whether

President Nixon first declared the “war on drugs” on June of 1971. This came after heavy drug use during the 1960s. New York in particular, had a rise in heroin use. After Nixon’s declaration, states began decriminalizing the possession and distribution of marijuana and other drugs. Many small drug offences led to a mandatory fifteen years to life. This Drug War has led to an increase of incarceration rates since. One of the earliest laws that followed Nixon’s announcement were the Rockefeller Drug Laws that to not only failed to deter crime but also lead to other problems in the criminal justice system. With the Rockefeller Drug Laws came heavy racial disparity of those incarcerated for drug related crimes. Although the Obama Administration has begun reforms, the new President Elect Trump’s views may bring all the efforts back down.

The “three strikes and you’re out” law is in effect in different states around the country. In basic terms, the law requires that any offender that is convicted of three violent crimes must receive a sentence of 25 years to life in prison. The law is aimed at reducing crime by focusing on the small percentage of criminals that commit the majority of violent crimes and felonies. Many systems have been lenient with repeat offenders, allowing

The state of Washington passed the first three strikes law in 1993. Anyone convicted of three separate violent felonies must be sentenced to life in prison without a chance for parole. Then on March 8th, 1994, California followed by enacting the law that sanctioned a sentence of 25 years to life for a third felony conviction. Contrary to Washington, the California law counts nonviolent felonies, such as burglary and theft as “strike” offences; by 2001, over 50,000 criminals had been penalized under the new law, far more than any other state, with almost a quarter of the prisoners facing a minimum of 25 years

The cost of living is always on the rise, so naturally the cost of maintaining our public prison systems and its inmates is also on the rise. Not only does the cost to maintain the prisoners alive and healthy rise; our draconian laws that seem to make youth and the African American community the target, keep sending more and more offenders into the prison system. Without acknowledging alternative solutions and rehabilitation programs that are readily available. We currently live in an age where old laws from eras long past still rule. This is to say that we still follow laws that were put in place decades ago that are racist and unjust. Many of these laws emerged from the turbulence of the 1960’s; when the increasingly rebellious college youth and African American civil rights movements looked to change the nation. Laws were put in place directed at mainly these two groups: laws such as having a 100 times larger

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

Although we would like to believe the world is not as racially charged in 2013 as it was in the 1960s, a look in our penal system would show that minorities are still arrested and incarcerated at a higher rate than whites. The United States has experienced a rise in its prison population over the last 40 years and our incarceration rate is nearly 5 times higher than any other country. Even though 13% of the US population are African American males, they make up 38% of the prison population. Contributing factors to these numbers are mandatory minimum sentences, high crime and poverty areas, and lack of rehabilitative resources within our system (p.77-78).

We have a Criminal Justice System that will treat you better if you're rich and guilty than if you're poor and innocent. The United States has 25% of the worlds prisoners, weaponizing its black decent. In 1972, the prison population was around 300,000. Today, the prison population accounts for 2.3 million people. Mass incarceration mostly affects people of color, young to middle aged black men in particular. It began after the Civil War when they were arrested for extremely minor crimes. Slavery was an economic system that was essential, so when it was abolished, improvises were made. Mass incarceration is the product of a century's long historical process.

Mass Incarceration in the United States has been a large topic of choice because rapid growth in the prison and jail populations, the long sentences the inmates face, and the inability for some inmates to incorporate themselves back into society. Since the 1970’s the U.S. prison population quadrupled from 158 to 635 people per 100,000, causing the U.S. to gain the title of country with the highest incarceration rate. (Massoglia, Firebaugh, & Warner, 2013, p. 142; Muller, 2012) As the growth of the U.S prison and jail population rapidly increased, so did the growth of the three major contributors to that population – African Americans, Hispanics, and whites – with African American and

United States throughout history has tried many different ways to deter criminals from committing crime. One of the more famous polices enforced was the Three Strikes sentencing laws, and other “get tough” approaches. In 1994, the Three Strikes sentencing law was first established (Couzens, J. Richards and Tricia A. Bigelow). The law stated that any defendant convicted of any new felony, having been convicted before of a serious felony to be sentenced to state prison for twice the term otherwise given for the crime. If the defendant was convicted of any felony with two or more prior strikes, the law mandated a state prison term of at least 25 years to life (Couzens, J. Richards and Tricia A. Bigelow). In California and Washington, the three strike law was adopted and in both states showed contradictive results. It has become a very controversial form of deterrence and is widely debated if the three strikes sentencing laws actually deter criminals from committing crimes.

American has a legacy of the mistreatment and disenfranchisement of African Americans. The same bad treatment that many think only took place in the past is in fact still intact, it’s just presented in a new way. The mass incarceration of blacks in the Unites States can be attributed to the “racial hierarchy” that has always existed. The U.S contributes to about 5% of the worlds overall population, and about 25% of the worlds prison population (Holland 1), “if those rates reflected jail, probation and parole populations, the numbers would rise exponentially”(Griffith 9). Statics show that there is a chance that about 1 in 3 black males are expected end up in prison (Jacobson). Although, in terms of the entire United States population African Americans only make up about 13% (Prison Activist Resource Center. Racism Fact Sheets: “ Latinos and the Criminal Injustice System.” 2003). There is a huge number of African Americans involved in the criminal justice system in some way. The average person does not know about mass incarceration nor about the racism that is in just about every part of the criminal justice system. When most people think about racism their thoughts often drift to slavery or Jim Crow laws, but for most, they do not consider how the amount of African Americans in prison today could be due to bias or racism. A significant cause of mass incarceration is the same racism that produced the Jim Crow era.

Drug offenders are one of the fasting growing populations in federal prisons. Drug offenders constitute up to nearly half of the federal prison population (Federal Bureau of Prisons, 2015). They constitute, by far, the largest percentage of the population with the second highest offense being weapons, explosives, and arson at a mere 16.1% of the federal prison population (Federal Bureau of Prisons, 2015). In a 1971 press conference, President Richard Nixon labeled drug abuse “public enemy number one in the United States,” which the media shortly termed the “War on Drugs” (Public Broadcasting Service, 2014). In a measure to combat the War on Drugs, President Nixon implemented mandatory sentencing (Drug Policy Alliance, 2015). Mandatory

“The United States imprisons a larger percentage of its black population than South Africa did at the height of apartheid. In Washington, D.C., our nation’s capitol, it is estimated that three out of four young black men (and nearly all those in the poorest neighborhoods) can expect to serve time in prison” (Alexander, 2012). The numbers tell the story better than words can: black people are more likely to go to prison than any other race in the United States, shown by the fact that more than 60% of the prison population is composed of people of color (The Sentencing Project, 2016). These statistics can be traced back to several different cause, including the Era of Jim Crow and the War on Drugs, both of which led to higher policing in minority areas.

Again this was the influence from the government that tried and help end the spread of the popular concept. The laws were first created because Nixon declared a war on drugs. It was a main priority to end the flow into America. "In June 1971, President Nixon declared a “war on drugs.” He dramatically increased the size and presence of federal drug control agencies, and pushed through measures such as mandatory sentencing and no-knock warrants." After seeing the effect on drugs in the sixties, Nixon felt it was necessary to create stricter laws. Formerly drugs were not accepted in society by the government, but laws were uniformly created to officially stop the usage. In the prevention act it wrote, "The Comprehensive Drug Abuse, Prevention, and Control Act, passed in 1970, replaced these various laws with a more uniform legal code in relation to drugs." The President saw that drugs was increasingly becoming a popular concept among the younger generation. To ensure the safety of his people he created stricter laws that would allow him to control the illegal flow of drugs and put a stop to it. Later the act specifies the intent of its purpose. It wrote, "Although people possessing or using drugs were still liable to punishment under the act, the main intent of the legislation was to penalize drug dealers and suppliers." Drug dealers and suppliers were the the source of the problem. By creating these laws, the President was trying