Persuasive Essay On Mandatory Minimums

Mass incarceration is an issue that defines us as a society. Today, the United States of America makes up about five percent of the world’s population and has twenty-five percent of the world’s prisoners. Also, one of every one hundred adults are locked up, and one in every thirty-seven adults in the United States is under some form of correctional supervision: in addition, African Americans are incarcerated at more than five times the rate of whites. Young black people went through many difficulties; however, they are still called super predators by Hillary Clinton. One of many difficulties is the African slavery, although it was over a century ago, it left a scar and a horrible memory in everyone's mind. All the phenomenons that occurred in our country during the last century gathered thoughts and escalated the problem of mass incarceration which made the people including the police look differently at African American people. I am against the mass incarceration issue. Opposing Donald Trump, I think we should reduce the number of people behind bars with cautions, because It is a complex subject that has many causes and effects in the long term to the people inside and outside the prison.

Capital punishment is one of the most controversial topics in today’s world. Many people believe that it is morally wrong to have capital punishment as a sentence to a crime. People also do believe that it is morally permissible for a severe crime. Capital punishment is also known as the death penalty. It can be given as a sentence when somebody is convicted of an extremely violent crime. The biggest issue that can be seen with this is that somebody could be innocent and sentenced with the death penalty because of the nature of the crime that they have been accused of even if they didn’t commit it. I believe that there is a moral line between using the death penalty and using other forms of punishment.

Mandatory minimum laws, which set different minimum sentences for crack and powder cocaine possession, are policies that are inflexible, “one-size-fits-all” sentencing laws that undermine the constitutional principle that the punishment should fit the crime and undermine the judicial power to punish an individual in context of the specific circumstances. Similarly, 3-strikes laws also ignores judicial discretion. Truth-in-sentencing policies refer to policies created to have a convict serve the full sentence, regardless of good behavior or other deterrent. These policies are created to only incapacitate people—more specifically minorities—not to rehabilitate them. More people in jail and longer sentences are not helping ensure public safety.

The United States features a prison population that is more than quadruple the highest prison population in Western Europe (Pettit, 2004). In the 1980s, U.S. legislation issued a number of new drug laws with stiffer penalties that ranged from drug possession to drug trafficking. Many of those charged with drug crimes saw longer prison sentences and less judicial leniency when facing trial. The War on Drugs has furthered the boom in prison population even though violent crime has continued to decrease steadily. Many urban areas in the U.S. have a majority black population. With crime tendencies high in these areas, drugs are also prevalent. This means that a greater percentage of those in prison are going to be black because law

In 1950, 70 percent of whites were imprisoned and in 1990 it flipped to 70 percent of African Americans and Latinos imprisoned. In 2008 a study showed that 68 percent of those in prison were African Americans and among drug offenders who were released, 92 percent were black (Vogel, 2016). Nearly 14 million whites and approximately 2.6 million African Americans report using an illicit drug (Criminal, 2016). In 1980 whites were more likely to sell drugs than blacks by 45 percent. In 2012, 6.6 percent of whites sold drugs compared to just 5 percent of blacks. However, blacks are 3.6 times more likely than whites to be arrested for selling drugs and 2.5 times more likely to be arrested for possession of drugs. (Rothwell, 2014). Blacks make up 12 percent of the total population of drug users, but 38 percent are arrested for drug offenses. African Americans essentially serve as much time for drug offenses as whites do for violent offenses. Yet blacks are incarcerated at six times the rate of whites (Criminal, 2016). “Jerome Miller analyzed arrest statistics from several American cities to determine the impact of the War on Drugs on policing. He found striking racial disparities in how drug arrests were made. In many jurisdictions, African American men account for over eighty percent of total drug arrests. In

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).

If mass incarceration is a cancer of society, mandatory minimum sentencing laws are the tumors that exacerbate society’s condition. These mandatory minimum sentencing laws require a certain length of prison time if

Racial inequality is growing. Our criminal laws, while facially neutral, are enforced in a manner that is massively and pervasively biased. My research will examine the U.S. criminal justice policies and how it has the most adverse effect on minorities. According to the Justice Department’s Bureau of Justice Statistics, out of a total population of 1,976,019 incarcerated in adult facilities, 1,239,946 or 63 percent are

The “War on Drugs” established that the impact of incarceration would be used as a weapon to combat the illegal drug problem in this country. Unfortunately, this war against drugs has fallen disproportionately on black Americans. “Blacks constitute 62.6% of all drug offenders admitted to state prisons in 1996, whereas whites constituted 36.7%. The drug offender admissions rate for black men ranges from 60 to an astonishing 1,146 per 100,000 black men. In contrast, the white rate begins at 6 and rises no higher than 139 per 100,000 white men. Drug offenses accounted for nearly two out of five of all black admissions to state prisons (Human Rights Watch, 2000).” The disproportionate rates at which black drug offenders are sent to prison originate in racially disproportionate rates of arrest.

Nunn, K (2002). Race, Crime and the Pool of Surplus Criminality: or Why the War on

This over-representation raised the question of the effect of the U.S. sentencing guideline. Thus, researcher used date from U.S. Sentencing Commission in the year 1990 to observe whether African Americans were more likely to convict under the mandatory minimum sentence than the White population (Free, 1997). The percentage showed that there were 28.2% of all federal defendants in the African American population and 38.5% were convicted under mandatory minimum sentences. As for Whites, they found 46.9 % of all federal defendants and 34.8% were convicted under mandatory minimum sentences (Free, 1997). Also, African American was found to be sentenced on or above the indicated mandatory minimum sentences than either Whites or Hispanics. About 67.7% of all Black federal defendants, which was more than two thirds of them received sentences that were at or above the mandatory minimum. Comparing the Black defendants, “54% of Whites and 57.1% of Hispanic federal defendant convicted under the mandatory minimum sentence received these sentences” (Free, 1997, p. 275). Over the study, the independent variable was the implementation of mandatory minimum sentencing guidelines and the dependent variable was the racial disparity in the African American population under the mandatory minimum

Laws like three strikes, mandatory minimum sentencing, powder and crack cocaine disparities, and others, must be eradicated. The prisons are overfilled with non-violent, victimless offenders living environments that are overcrowded, in poor condition, and exploitive of prisoners’ lack of basic rights. This is neither conducive to the betterment of prisoners, nor the improvement of their life trajectories once they leave. Additionally, most drug laws produce racially disparate outcomes, furthering stereotypes and the inherent criminalization of men of color. In the long run, America must move toward alternative sentencing programs for low-level and non-violent offenders that issue penalties that are actually proportionate with real public safety

Even though both races use drugs at roughly the same rates, African Americans are 13 times more likely to be incarcerated because of drug crimes than whites. (Dumont et al., 2013). The implemented sentencing policies such as the mandatory minimum and three strikes laws that tried to combat the war on drugs, contributed to the racial inconsistency in incarceration rates. The alteration of policies, prosecution, and sentencing caused the growth of incarceration rates, which dramatically increased the concentration of African Americans (Pettit and Sykes, 2015). The inequality of the racial discrepancy in incarceration rates between African Americans and whites needs to be addressed by the state

Opponents of mandatory minimum sentences feel that there is no true evidence that tougher or longer sentences deter criminals from committing crimes especially drug deals (Caulkins/Rydell/schwabe/Chiesa). The jails are over crowded with non-violent criminals. People who commit some of the most heinous crimes such as rape, and murder are getting less time than some street drug dealers. The mandatory laws also target African Americans more than any other race or ethnicity group (Campbell 53). The federal judicial center have found that among offenders who engage in conduct that warrants a mandatory minimum sentence, white

Consider the following statistics in reference to the disparities among the different groups of defendants when it comes to minimum sentencing in the United States. According to the 2010 Commission’s Sourcebook of Federal Sentencing Statistics: over three-quarters (77.4%) of convictions of an offense carrying a mandatory minimum penalty were for drug trafficking offenses; Hispanic offenders accounted for the largest group (38%) of offenders convicted of an offense carrying a mandatory minimum penalty, followed by Black/African American offenders at 31.5%, White/Caucasian offenders at 27.4%, and other race offenders at 2.7%. More than 90% (90.3%) of offenders convicted of an offense carrying a mandatory minimum penalty were men; and Black/African American offenders received relief from a mandatory minimum penalty least often (34.9%), compared to White/Caucasian offenders (46.5%), Hispanic/Latino offenders (55.7%), and other race offenders(58.9%).