Types of Sentencing

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

The tension between rehabilitation and punishment has been increasing dramatically. This is because there have been sharp rises in the prison population and repeat offender rates. When one area is over emphasized in relation to the other, there is the possibility that imbalances will occur. Over the course of time, these issues can create challenges that will impact the criminal justice system and society at large. (Gadek, 2010) (Clear, 2011) (Gatotch, 2011)

Retribution has been associated with increased punishment, decreased treatment, but not with reduced recidivism (Andrews et al., 1990). Not only has there been no reduction in recidivism, there has also been no increase in deterrence through the use of punitive measures (Cullen & Gendreau, 2000). Deterrence-oriented interventions have actually been shown to increase recidivism by 12%, as demonstrated by Lipsey’s (1992) meta-analysis (as referenced by Cullen & Gendreau, 2000).

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 This was eventually repealed by Congress in 1970, but mandatory sentences came back with the passage of the Anti-Drug Abuse Act of 1986.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

Mass incarceration is a major problem in the United States. Since the tough on crime movement that began to emphasize more punishment and creating new policies such as; three strikes law, truth-in sentencing laws, mandatory sentencing, and determinate sentencing, our prisons and jails have become overcrowded. The three strikes law increases the prison sentence of an offender convicted of three felonies or serious crime. Usually the punishment ranges from a minimum of 25 years to life in prison. The truth-in sentencing laws require the offender to serve a substantial amount of their prison sentence (usually around 85 percent) before they are eligible for release on parole. The mandatory sentencing requires a minimum period of incarceration that the offender must serve regardless of the history of the offender or the nature of the circumstance. These get tough policies have implicated longer prison and jail sentences and has reduced the amount of discretion that the judges, parole/probation officers and prison and jail administrators. These actions have consequently increased the prison and jail population, which causes an increase in money spent on jails and prisons.

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).

This essay explains sentencing in the United States Criminal Justice system. The objectives of punishment in the United States corrections is to help deter crime and to ensure reoffenders don’t reoffend. Sentencing impacts the corrections system and society in a positive manor by eliminating offenders out of the community. Sentencing may include one of the following: probation, fines, prison, community service, probation and so forth depending on the state you reside and the type of offense you commit. Each crime committed doesn’t have a set sentence, therefore they are determined on a case to case basis. The main goal of the criminal justice system is to defend the community and serve justice. Sentencing plays a vital role in the Criminal Justice system.

Although, there is no evidence that suggests mandatory sentencing is effective at decreasing crime rate but ample evidence of its long-term felonious results. The US and other jurisdictions are an example of the ineffective results of this regime, choosing to decrease the use mandatory sentencing regimes because they don’t work.

The mandatory minimum sentencing laws were passed as an effort to combat the war on drugs, with the anticipation that it would lock away high-level drug lords and discourage others from dealing drugs. However, the law requires judges to issue unwarranted, lengthy sentences without regard to the facts of the case. As a result, the law has overpopulated our prisons with nonviolent, low-level drug offenders, while the high-level drug lords are still free. This is because of the practice that one’s sentence can be reduced if they testify against others, and the high-level drug offenders have more to offer than those on the lower level. The Smarter Sentencing

Congress sought to reform the sentencing system by designing sentencing Guideline rules that were uniformly to control disparity. In order to reform the sentencing system, Congress created the Sentencing Commission in charge of designing a new sentencing system using multiple sources to evaluate the means to control the source of disparity (Bowman, 1996; Fifteen Years of Guidelines, 2004). Once the Guidelines were created and implemented, studies conducted by the Commission reports that it has increased drastically especially for drug offenses due to different adaptations to the Guidelines and the different types of offenses prosecuted in different regions (Fifteen Years of Guidelines, 2004). The variation in sentence lengths is analyzed based on the data evidence shows 73 percent of differences in federal sentence length causing unwarranted disparity (Fifteen Years of Guidelines, 2004). The cause of unwarranted disparity is influenced by policies promulgated by Congress that were supposedly designed to amend the effects of uneven charging and plea-bargaining decisions. With prosecutors in control of determining an offenders sentencing, they can impose several enhancement to depart from the Guidelines to provide leniency. However, such enhancement resulted in sentences disproportional to the appropriate serious of the offense that would be otherwise applied to the case (Fifteen Years of Guidelines, 2004). The Commission reports there is little empirical research in exploring why prosecutors use its discretion to apply enhanced penalties and depart from the Guidelines (Tonry, 1996; Fifteen Years of Guidelines,

In the last few decades, there has been an increase in the number of individuals who have been incarcerated in both federal and state prisons. Indeed, research has shown that harsher sentencing policies and more punitive laws have resulted in the incarceration of more than 2.3 million people in the varied jails and prisons; thereby making the United States the leader as far as incarceration is concerned. Incarceration and sentencing systems have conventionally been aimed at having varying goals including rehabilitation, incapacitation, punishment and deterrence. Recent decades have seen the enactment of sentencing policy initiatives with the aim of enhancing the criminal justice systems deterrent effect.

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).

Be sure to address the four types of sentencing models and the issues surrounding them (equity, truth-in-sentencing and proportionality).

The article Sentencing Guidelines: Reflections on the Future discusses sentencing policies. The guidelines for sentencing varies with the policy. Guidelines, initially, were meant to keep defendants from being mistreated with their sentencing compared to similar criminal acts as well as discretion or lack of uniform. As time went by it was used as a way to predict sentencing. Now in many states computer based machines can calculate the dollar amount that will or can be used in order to meet the states sentencing policies. “In some States, this use of guidelines led in turn to the realization that they could be used to shape sentencing policy to fit resource levels that had

The issues that are currently plaguing our justice system have raised many question regarding whether or not the system is successfully doing its job. The most prevalent issue is in regards to rehabilitation versus punishment; while some argue that harsher punishments will solve the issue of crime in the country, others believe that the system needs complete reform and the focus should be on rehabilitation instead. The current system is a breeding ground for failure, with high recidivism rates, high costs, and no success in effectively impacting crime in the country. The system maintains a heavy focus on punishment, insisting that this method deters crime but failing to produce the results to prove this.