Current mandatory minimum sentencing laws are in dire need of reform. A mandatory minimum sentence is a court decision where judicial discretion is limited by law. As a result, there are irrevocable prison terms of a specific length for people convicted of particular federal and state crimes. As of January 2014, more than 50 percent of inmates in federal prisons are serving time for drug offenses, and more than 60 percent of people incarcerated are racial and ethnic minorities. The use of safety
years at a time instead of getting the help that they need, and judges cannot do anything about it. Mandatory minimum sentencing has taken away judges’ discretion and often lay heavy sentencing. Drug offenses often receive heavier sentences than they should due to the use of mandatory minimums leaving people to question the fairness of the justice system. The use of mandatory minimums when sentencing drug offenses wrongfully incarcerates the convicted for longer than necessary rather than providing
for years at a time instead of getting the help that they need, and judges cannot do anything about it. Mandatory minimum sentencing has taken away judges’ discretion when sentencing cases. Drug offenses often receive heavier sentences than they should due to the use of mandatory minimums leaving people to question the fairness of the justice system. The use of mandatory minimums when sentencing drug offenses wrongfully incarcerates the convicted for longer than necessary rather than providing the
prominent. Mandatory minimums are just one example the of injustice in our justice system. The Supreme Court has “…casted doubt on the constitutionality of the federal sentencing guidelines used for nearly two decades” (Kenneth Jost, 2004), despite this, nothing has been done to correct it. And while the idea of mandatory minimums is a good thing, they don’t work in the American justice system or in current American society. Mandatory minimum sentencing is the minimum time for certain crimes, usually
Negative Consequences of Mandatory Sentencing In recent years several mandatory sentencing laws have been put into motion. The original goals of the mandatory sentencing laws were to stop repeat offenders and to exhibit a "get tough attitude" on crime. These laws have not been working as intended, instead mandatory sentencing has led to some unfortunate consequences. Some of these consequences are overcrowding in prisons and less prison based rehabilitation. Mandatory sentencing laws do not narrowly
Why are so many violent criminals walking free while so many non-violent offenders are locked up? Although various aspects have fueled this inequity of justice, the factors that have contributed the most to this development are, undoubtedly, the War on Drugs and mandatory minimum sentencing laws which have led to punishment disproportionate to the offense. 59% of rape cases and 36.2% of murder cases in the United States are never solved. In 2011, less than half of all violent crimes committed found
impacted the public perception. Some people may view the criminal justice system as a broken system due to the high rates, but fortunately it is not the case. High incarceration rates “do not simply reflect a rising crime rate that has strained the capacity of a besieged justice system. Crime did rise during this period, but the main reason for the stunning growth in prison populations was that the courts and legislatures did indeed get tougher on offenders.” (Currie, 1998) One particular group that may
The expansion of mandatory sentencing penalties for federal crimes (especially non-violent drug crimes), which have helped catalyze the increase in the prison population, is an aspect of the criminal justice system that must be reformed. Public officials on both sides of the political spectrum support amending federal mandatory sentencing laws and in July of 2013 Congressman Richard Durbin (D-IL) introduced The Smarter Sentencing Act of 2014. This legislation would lessen mandatory minimum sentences
and deter crime by targeting repeat offenders such as murders, rapists, and child molesters by locking them up for long periods of time. The law was built around a political push in the early nineties adopted around public perception that the prison system was lenient on criminals and society needed to get tough on crime. While the three-strike law was intended
Common crimes in the judicial system include drug offenses, firearm offenses, and sexual assault, and the depending on the judge the repercussions could vary. To have unvaried penalties, mandatory minimum sentencing laws were enacted. These laws help keep citizens protected, while criminals are incarcerated. John Oliver, the host of Last Week Tonight with John Oliver, talks about how mandatory minimum sentencing increases the number of criminals incarcerated, and he believes the length of their prison