The Mandatory Minimum Sentencing Laws

Mandatory minimum sentencing laws are fundamentally un-American. The Boston University Law Journal states that “mandatory minimum sentences provide plenary decision-making power to prosecutors of the executive branch, while heavily restricting the discretion of the judiciary”(Riley, 2011, p. 286). This significantly weakens the checks and balances of the criminal justice system. This means that mandatory minimums are in conflict with the

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 mandatory minimum sentencing is about a fixed ruling of a crime that a judge is expected to deliver. Congress has enacted mandatory minimum sentencing laws. It was to impose the mandatory sentencing an offender would receive for crimes that were committed. The mandatory minimum punishment guidelines would require for judges to hand down judgement for a certain length of time. This would mean that for crimes that are committed there are criminal sentencing guidelines, this would give judges a certain discretion on how to proceed in sentencing an offender. These minimum sentencing apply to many of the crimes committed on society, such as violent, drug-related crimes and for those habitual offenders. In cases where the offender commits a crime and is a repeat offender then it should be left up the presiding judge to serve out justice. People who commit low level crimes should be punished but not to the extent of going to prison for a long period of time. Congress has enacted these guidelines so that the criminal justice system would not be burden with smaller crimes or be overwhelmed. Lengthy sentencing hearings seldom are necessary, the disputes about sentencing elements must be resolved with sensitivity concern and carefulness. A dispute exists about any factor important to the sentencing determination then a judge will use his discretion to hand down equal and fair judgement. Legislator statements during debates on mandatory

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

1. Mandatory minimum sentencing is a protocol made to provide accurate sentencing for a crime. The purpose is to provide a standard where judges cannot reduce sentences, in order to encourage a fairer judicial system.

Another law that benefits private prisons is mandatory minimum sentences. This is a law that ensures a minimal number of years is sentenced for a certain crime, as decided by the Supreme Court. The law, therefore, doesn’t allow for the consideration of individual circumstances such as criminal history. This law has caused a tremendous increase in the prison population. The mandatory minimum sentence law is enforced on judges, but not prosecutors. However, under the circumstance, it is considered that prosecutors who would gain professionally from successful convictions, do not have sufficient incentive to exercise their discretion responsibly.

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

But I do understand why the mandatory minimum sentence should be taken down or at least changed. In 2013, a “46-year-old fast food restaurant worker John Horner was sentenced to 25 years in prison for selling $1,800 worth of painkillers” (Business insider, para. 1). Horner was a father of three and a drug addict that was put away for decades due to MMS. In my opinion as a solution, I think for some of the laws in MMS the government should go over them throughly and make major changes that are fair but yet get the job done. I do think mandatory minimum sentence is important and should be kept but, in cases like this I feel like the government has a lot of work ahead of them trying to improve the system.

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.

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.

Mandatory Sentencing, defined by definitions.uslegal.com, are those sentences which a judicial officer is required to impose regardless of the circumstances of the offense. This means, the judicial officer has no discretion to impose a higher or lower sentence depending upon the nature of crime. In my way of thinking, there is something wrong with the way people are being convicted, and how easily people get off compared to others - and it needs to be changed.

In the United States, the sentencing model has changed several times over the course of 100 years (Schmalleger & Smykla, 2015). A sentencing model is composed of strategies for implementing sanctions in criminal cases. Currently, judges have far less ability to use their own discretion when determining sentencing for offenders as compared to earlier judges in the United States. There are guidelines in place today that instruct judges on how to issue sentences. Early on in the United States guidelines for sentencing were experimented with, they were referred to as voluntary guidelines because they were not a requirement of the laws at the time. Those guidelines failed due largely because judges at the time ignored them.

The mandatory minimum sentencing was developed in an effort to make the criminals who committed the crime pay for what he or she did as well as deter other individuals from committing crimes. Though the goal of sentencing models was

Mandatory minimums and three strike laws, are they really the answer to the crime problem America has faced for years? Many would say yes, including me, as long as it is for a violent crime such as murder, rape or arson; some feel that even theft, drug trafficking or possession, and burglary are all worthy of the 25-to-life sentence that can be carried under the mandatory minimums for three strike laws. A three-strike law is a law that states that you will be sentenced to 25years to life for three violations and convictions of a law. Where the three strike laws have mandatory sentences, mandatory sentences aren’t always tied in with three strike laws. A mandatory minimum is a law that requires someone