The War On Drugs And Mandatory Minimum Sentencing Laws

For many years, drugs have been the center of crime and the criminal justice system in the United States. Due to this widespread epidemic, President Richard Nixon declared the “War on Drugs” in 1971 with a campaign that promoted the prohibition of illicit substances and implemented policies to discourage the overall production, distribution, and consumption. The War on Drugs and the U.S. drug policy has experienced the most significant and complex challenges between criminal law and the values of today’s society. With implemented drug polices becoming much harsher over the years in order to reduce the overall misuse and abuse of drugs and a expanded federal budget, it has sparked a nation wide debate whether or not they have created more harm than good. When looking at the negative consequences of these policies not only has billions of dollars gone to waste, but the United States has also seen public health issues, mass incarceration, and violent drug related crime within the black market in which feeds our global demands and economy. With this failed approach for drug prohibition, there continues to be an increase in the overall production of illicit substances, high rate of violence, and an unfavorable impact to our nation.

Dangerous illegal drugs have plagued American citizens and their youth for as long as the country has been in existence. These harmful drugs are not only responsible for countless amounts of deaths, but the corruption of the American society in general. All too many times have these drugs been blamed for insanity, racism, rebellion, and straight up violence. Today the government is spending approximately $19.179 billion in one year to combat these evils (Gifford). Unfortunately, even with all of this effort going in to stop illegal drug use, the “War on Drugs” is yet to produce almost any positive results. Because of this, politicians are urging the government to spend even more money to combat the seemingly

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 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 United States’ prison population is currently number one in the world. As a nation that proclaims freedom for citizens, the United States houses more than one million more persons than Russian and almost one million more persons than China. Currently, the United States makes up five percent of the world’s population and imprisons twenty-five percent of the world’s inmate population. Drug offenders who committed no act of violence make up a large portion of the inmates in the United States. County, State, and Federal prisons are so over populated that the private sector has opened up corporate facilities to house convicted persons. The cost each year to hold a person rises, placing larger financial demands on the judicial system. The Judicial System of the United States should reevaluate the sentencing guidelines for non-violent drug offenders to alleviate the high number of people in the prison system.

In the U.S. the “War on Drugs” has been at the forefront of debates and discussion since it was formally declared by President Nixon in 1971. This war continues to have many problematic consequences today, the most notable being mandatory minimum sentencing laws for drug offences. This issue has been extensively researched by Kieran Riley with an article in the Boston University Law Journal titled “Trial by Legislature: Why Statutory Mandatory Minimum Sentences Violate the Separation of Powers Doctrine”, Paul Cassell and Erik Luna with a peer-reviewed scholarly article titled “Sense and Sensibility in Mandatory Minimum Sentencing”, and the Families Against Mandatory Minimums organization with a policy report. All of these sources came to the same conclusion, that the many negative aspects of mandatory minimums far outweigh the few positive aspects. Mandatory minimum sentencing laws for drug offenses that unfairly incarcerate people are against the fundamental values of the American criminal justice system and should be repealed.

When my audience hears “War on Drugs” they may assume it is a worthy endeavor because drug abuse is such a pervasive problem that affects many families. I must dispel the assumption that the “War on Drugs” dealt with the drug abuse problem or reduced drug sales. I can do this by demonstrating that there is plenty of evidence showing that the “War on Drugs” did not do what it set out to do and is therefore not an effective approach to the problem of drug trade and abuse. Additionally the imprisoning of citizens, even if it is done unjustly, does not reduce crime at comparable rates. Research from Harvard found that during the “War on Drugs” in state prisons there was a 66% increase in prison population but crime was only reduced by 2-5% and it cost the taxpayers 53 billion dollars (Coates, 2015). The fact the violent crime went up all through Nixon’s administration while he rallied for “Law & Order” and policing became more severe furthers this argument (Alexander, 2012). Four out five drug arrests are low-level possession charges as well, demonstrating that police policies aren’t dismantling the drug system just punishing addicts (Alexander, 2012). What’s more, drug abuse in America have remained stagnate and even increased in some instances even when billions of dollars have been pumped into the program (National

The War on Drugs is one cause for the mass incarceration that has become apparent within the United States. This refers to a drastic amount of people being imprisoned for mainly non-violent crime (“Mass Incarceration” 2016). In addition to people who are not an immediate threat to society being locked up for a substantial duration of time, the economic consequences are costing states and taxpayers millions of dollars. Specifically, every one in five people incarcerated is in prison due to some

Vol. 82, no. 1. Winter 2002. p. 24. Online: EBSCOHost. Santiago Canyon College Library. August 6, 2017.

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

Evidence suggests that we are more punitive when it comes to crimes relating to property and drugs, but not far from the norm when it comes to violent crimes. In the United States there is an unusually high incarceration rate, this is partly because

Ben Whishaw once said, "The criminal justice system, like any system designed by human beings, clearly has its flaws." For many years, the criminal justice system has been criticized for its many problems and errors; one in particular that caught my attention was the mandatory minimum sentencing laws. These laws basically set minimum sentences for certain crimes that judges cannot lower, even for extenuating circumstances. The most common of these laws deal with drug offenses and set mandatory minimum sentences for possession of a drug over a certain amount. Sentencing procedures can vary from jurisdiction to Jurisdiction. Most of these laws are ineffective and causes unnecessary jail overcrowding.

The War on Drugs is a term that is commonly applied to the campaign of prohibition of drugs. The goal of this campaign is to reduce the illegal drug trade across America. This term “ War on Drugs” was used during Nixon’s campaign in which he declared War on Drugs during a press conference in 1971. Following this declaration many organizations were created to stop the spread of drugs, like the DEA and Office of Drug Abuse Law Enforcement. Note that Nixon’s approach to this problem was to fund treatment rather than law enforcement. After Nixon’s retirement from office, most of the funding went from going into treatment to the law enforcement. Which militarized the police force giving the officer’s military weapons and gear. With this, the sentencing for possessing drugs was changed as well, resulting incarcerations rates to increase overtime. The increase of incarceration rates started to create many patterns that were soon noticeable. The funding’s that go into the law enforcement has shown to greatly have an affect on the incarceration rates.

Rand Paul once stated, "The injustice of mandatory minimum sentences is impossible to ignore when you hear the stories of the victims" (Flatow, 2013). There has been a great amount of controversy concerning the mandatory sentencing laws throughout the years'. Mandatory minimum sentencing refers to a minimum term given to a person convicted of a crime, instead of allowing Judges to determine punishment. In the article pertaining to mandatory minimum sentences, it stated the reasoning for enforcement, " Congress also decided to eliminate the courts’ discretion to exercise leniency in some instances by requiring courts to impose a mandatory minimum sentence for certain types of crimes. (Bernick & Larkin, 2014). Instead of allowing the U.S. Sentencing

Since the 1960s, State and federal law enforcement have become more focused into putting an end to drug use. Each year, crimes related to drug use has increased, making the government spend tens of billions of dollars arresting, convicting, and jailing drug users. Because of this ongoing problem, the government can’t help but to wonder “will this ever end?” and “Should we stop fighting?” With these questions being raised about a problem so conflicted, The Executive, Legislative, and Judicial branch have different views and opinions regarding the Drug War’s Standpoint.