Pros And Cons Of Mandatory Sentencing

This paper will be focusing on the controversial issue of mandatory minimum sentences in Canada. There has been much debate over this topic, as it has quickly become implemented for the sentencing of drug offenders, drug-related crimes and banned firearm offences. I will argue that every case that comes through the criminal justice system is different and deserves a fair trial with a sentence that is not already determined for them. There have been many cases where the judge has no discretion in the sentence due to the mandatory minimum sentences pre-determined for the case, no matter what the aggravating or mitigating factors were. I will argue that the mandatory minimum sentences in Canada should be reduced or eliminated as

Mandatory sentencing has good intentions that people should be required to serve a minimum amount of time for the crime they committed. If someone broke into a person’s house and stole a lot of their belongings, the victims would have a little assurance that the criminal will pay for what they did by going to jail for at least ten years or more. But since incarceration does not always convince or prevent ex-convicts from re-offending, many people might question why they are even let back into society. Incarceration is pricy and the purpose of this paper is to find ways that reduce the number of people locked up in a beneficiary way to society. If people are more likely to commit a crime after incarceration, then having someone serve ten years of prison for having drugs on them will probably increase their rate of reoffending more than if they were in there for a shorter period of

Judges and magistrates must consider a wide variety of factors when determining a sentence for an offender. Primarily, the sentence must coincide with the statutory guidelines e.g that set out in the Crimes (Sentencing Procedure) Act 1999 (NSW), and the judicial guidelines that set precedent for all judges and magistrates in the state. Within this legislation are the purposes for which a sentence may be imposed, types of penalties, minimum/maximum sentences and mandatory sentences.

It is believed that punishment works to protect people from their criminals as it used to be seen as a fear in people’s mind to avoid inappropriate behaviour against other people, harming other people in certain ways and breaking the laws set by society or government. Punishment is a common view of human beings and they choose to behave appropriately towards their duty to follow rules set out by government laws to avoid fines or sentences. Sentencing is categorised n various degrees depending on the type and severity of crime committed, and imprisonment is considered as most common way to protect communities from its offenders and deterrent to re-offending all over the world. As Murray (1997) claims that punishment reduces crime

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 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).

When a defendant is found guilty of a crime, it is the court’s role to decide upon a sentence that should be given to the offender. Typically, Magistrates and Judges are the main people that decide on sentences in the legal system. During the sentencing phase, there are specific rules by government that have to be followed when deciding on penalties and sentences. Every crime is given a maximum sentence, which is set based upon the type of crime committed. The four categories of sentencing are: custodial sentences, community sentences, fines and probation. There are also noncustodial sentences set in place as well. Furthermore, I will go into depth about the different sentencing that is used by the

The establishment of mandatory minimum sentencing laws has been a policy blunder since their proliferation in the 1980s. Mandatory minimum laws are negatively affecting the U.S, economically and socially. These laws effectively strip judges of their ability to adjudicate a fair punishment by setting a minimum sentence and handing their discretion over to prosecutors. A number of individuals and their families have been negatively affected by mandatory minimum penalties, however, there are others indirectly affected by these policies. The U.S. taxpayer has to foot the bill for these inmates, all while knowing that prison recidivism rates are tremendously high. These laws are contributing to the over-federalization of crimes by interfering with the state criminal justice system. The abolishment or reform of the federal mandatory minimums is needed to end the social and economic damage these laws have caused.

Mandatory sentencing has been a big driver in the large population of incarcerated individuals in the United States. District attorneys are more aggressive in how they file charges against the arrestee. While the country has seen a decline in crime, new

In addition to the economical problems mandatory minimums contribute to, some adversaries suggest that mandatory minimums may not even be effective, particularly in regards to reducing drug related crimes. In many organized drug operations when one drug supplier is caught and incarcerated another swiftly takes his place (Caulkins, Jonathan P). Furthermore, social scientists and public policy analysts researching the effectiveness of mandatory minimums have found there to be little conclusive evidence that mandatory minimums do in fact reduce crime (The United States Sentencing Commission).

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.

Until the early 1970s, the sentencing of crime convicts was based on the principle of rehabilitation of juvenile and adult offenders. Legislatures set maximum authorized sentences for various types of crimes and judges decided on the prison term or probation or fines. Correctional officials and parole boards had the powers to reduce the time served for good behavior and release prisoners early. In the 1980s and 1990s, the emphasis shifted to deterrence by imposing mandatory minimum sentences for certain types of crime, heavier sentences for habitual offenders and the “three-strike” rule for felony convictions. Public opinion supported these changes in the belief that prison terms were just retribution for crimes and incarceration kept criminals off the streets (Mackenzie, 2001).

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.

[http://crime.about.com/od/death/a/mitigating.htm] Another aim of sentencing is a Deterrence. The courts mainly try to deter two types of offences, such are mobile phone theft and drug/alcohol related offences e.g. burglary. The Criminal Justice Act 2003 has introduced minimum sentences to stop people from re-offending. e.g. if offenders commit two offences, they will automatically be sentenced to life imprisonment. The city centres are using a CCTV's to deter people from offending crimes such as violence, criminal damage and shop lifting. The main goal of this aim is to deter an offender from committing a future crime by fear of the punishment. There are two different types of deterrence; individual and general deterrence. The individual deterrence is trying to deter an individual offender, those they have already committed crime from re-offending in the future, by a prison sentence, a suspended sentence or a heavy fine. This is usually a harsh sentence for not serious offenses e.g In the case of R v Whitton (1985), where a football hooligan was sentenced to life imprisonment. This should stop other hooligans from re-offend.or in the case R v Hussain (Mohammed) [2005] CA a deterrent sentence was set up in relation