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Pros and cons of mandatory sentences
Pros and cons of mandatory sentences
Pros and cons of mandatory sentences
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Men, woman, and young adults in America are being affected by mandatory sentencing due to petty drug crimes. The citizens that are being sentenced fifteen to twenty years, while taxpayers are having to pay millions for the over stay in prison. The government uses mandatory minimums to teach convicts that they will be punished to the full extent of the law just for a few grams of marijuana. In the past decade, mandatory minimums have increased the amount of convictions involving minor drug charges. One of the underlining problems with mandatory sentencing is the long term affects it has on the inmate even after released. Mandatory sentencing is also for other charges such as; sexual assault, murder, and other major crimes. In those cases, the convicted are only serving nine years, which is not long enough for the crimes that have been committed. Affecting the judicial …show more content…
This unconstitutional punishment goes against American morals because convicts have a right to a fair trial, stated in the Fifth Amendment. Due to mandatory minimums, any significant facts are unimportant, because the defendant had drugs and therefore must serve twenty years in prison. For example, judges are against mandatory sentencing laws, due to evidence and the reason the defendant committed their crime (Izadi). America has used the same court system for over two-hundred years, it was not perfect, but it does not go against the constitution unlike mandatory sentencing. In every case, there are reasons why individual committed a crime, or why they felt they had to commit a crime to make a living. With sentencing laws, if a crime has taken place involving drugs then the amount of time served is based on the weight of drugs. There are many prisons that are overpopulated and cannot serve the needs of every
This documentary highlighted the devastating consequences that these mandatory minimum sentencing’s can have on people such as in the case of Kemba Smith and Johnny Patillo, two first time offenders who were charged under the mandatory minimum sentencing’s. Johnny Patillo sentenced to serve 10 years and Kemba Smith sentenced to serve 24.5 years, these individuals were no different than your average citizen who got caught in the fire of these barbaric laws and individuals like these two are used as a deterant to send a message to the public in their efforts to take control of the war on drugs..
Mandatory minimums for controlled substances were first implemented in the 1980s as a countermeasure for the hysteria that surrounded drugs in the era (“A Brief History,” 2014). The common belief was that stiff penalties discouraged people from using drugs and enhanced public safety (“A Brief History,” 2014). That theory, however, was proven false and rather than less illegal drug activity, there are simply more people incarcerated. Studies show that over half of federal prisoners currently incarcerated are there on drug charges, a 116 percent percentage rise since 1970 (Miles, 2014). Mass incarceration is an ever growing issue in the United States and is the result of policies that support the large scale use of imprisonment on
The majority of prisoners incarcerated in America are non-violent offenders. This is due mainly to mandatory minimum sentencing laws, which is a method of prosecution that gives offenders a set amount of prison time for a crime they commit if it falls under one of these laws, regardless of their individual case analysis. These laws began in the 1980s, when the use of illegal drugs was hitting an all time high (Conyers 379). The United States began enacting legislature that called for minimum sentencing in an effort to combat this “war on drugs.” Many of these laws give long sentences to first time offenders (Conyers). The “three strikes” law states that people convicted of drug crimes on three separate occasions can face life in prison. These laws were passed for political gain, as the American public was swept into the belief that the laws would do nothing other than help end the rampant drug crimes in the country. The laws are still in effect today, and have not succeeded to discourage people from using drugs. Almost fifty percent...
The criminal justice system has been in place the United States for centuries. The system has endured many changes throughout the ages. The need for a checks and balances system has been a priority for just as long. Federal sentencing guidelines were created to help create equal punishments among offenders. Judges are given the power of sentencing and they are not immune to opinions, bias, and feelings. These guidelines are set in place to allow the judge to keep their power but keep them within a control group of equality. Although there are a lot of pros to sentencing guidelines there are also a lot of cons. Research has shown that sentencing guidelines have allowed the power to shift from judges to prosecutors and led to sentencing disparity based on sex, race, and social class.
When it comes to crimes some criminals tend to serve longer or short sentencing due to what kind of crime was committed. Also, it depends on how the person acts and what type of judge the criminal come across. However; when it comes to criminals like drug dealers and pedophiles ( sex offenders) their sentencing are different and very absurd. In the state of South Carolina, drug dealer should not serve long sentences than Pedophiles (sex offenders)? Due to the numerous crimes like the pedophiles tends to get off easily with two years in jail, house arrest and register on the sex offender list. While the dealers sit in the cell for over 10 years with no parole or probation. In the state of South Carolina they need to fix the charges due to legalization
A large number of the prisoners are there because of drug related offenses. There are prisoners who have been sent to prison for life for marijuana related drug offenses. Many prisoners have been exonerated after spending many years behind bars due to the corruption in our legal system. 32 States in United States of America still execute prisoners even though there is no evidence to suggest that capital punishment is a deterrent. Prison reform is needed in America starting at the legal system and then ending the death penalty.
To begin, Mandatory minimum sentences result in prison overcrowding, and based on several studies, it does not alleviate crime, for example crimes such as shoplifting or solicitation. These sentencing guidelines do not allow a judge to take into consideration the first time offender, differentiate the deviance level of the offender, and it does not allow for the judge to alter a punishment or judgment to each individual case. When mandatory sentencing came into effect, the drug lords they were trying to stop are not the ones being affected by the sentences. It is the nonviolent, low-level drug users who are overcrowding the prisons as a result of these sentences. Both the U.S. Sentencing Commission and the Department of Justice have determined that mandatory sentencing is not an effective way to deter crime. Studies show that mandatory minimums have gone downhill due to racial a...
For county jails, the problem of cost and recidivism is exacerbated by budgetary constraints and various state mandates. Due to the inability of incarceration to satisfy long-term criminal justice objectives and the very high expenditures associated with the sanction, policy makers at various levels of government have sought to identify appropriate alternatives (Luna-Firebaugh, 2003, p.51-66). I. Alternatives to incarceration give courts more options. For example, it’s ridiculous that the majority of the growth in our prison populations in this country is due to people being slamming in jail just because they were caught using drugs. So much of the crime on the streets of our country is drug-related.
Jones, C. (2009). Ineffective, Unjust and Inhumane: Mandatory Prison Sentences for Drug Offences. The John Howard Society of Canada.
Drug violators are a major cause of extreme overcrowding in US prisons. In 1992, 59,000 inmates were added to make a record setting 833,600 inmates nationwide (Rosenthal 1996). A high percentage of these prisoners were serving time because of drug related incidents.... ... middle of paper ... ...
Mandatory minimums on drug-related offences should be abolished. They are ineffective as they deny judges the power to impose just sentences. They have no deterrent effect and put an economic strain on the taxpayers of Canada. It is said that the elements mandatory minimums need to create deterrence of crime are severity of punishment and certainty of punishment. These elements often operate at cross-purposes as actors within the criminal justice system have been known to circumvent laws they believe are draconian by failing to charge or by refusing to convict guilty defendants.
Mandatory minimum sentences were created in the 1970s and 1980s in response to concerns about drug dealing and violent crimes involving guns. These sentences were created due to an outcry of victims and victim’s families that some criminals received lighter punishment compared to the crime they committed. Mandatory minimum sentences stated a minimum penalty for a particular offense, and in some cases the use of a gun during the commission of the crime leads to the use of mandatory penalties (Gabbidon, 2013, p. 179). This “get tough” approach was designed to change the indeterminate sentence, which was deemed unfair and often resulted in bias against minorities and poor people (Gabbidon, 2013, p. 178). Prior to the enactment of the mandatory minimum sentences, judges had the discretion to minimize or maximize sentences.
Mandatory minimums, harsh prison sentences imposed on offenders by law, where discretion is limited. Offenders, most of the time nonviolent, are faced with prison terms that are meant for a drug kingpin, not a low level first or second time offender. Mandatory minimums have been proven not to be the answer in our criminal justice system and need to be changed. Mandatory Minimums has created a problem within our society where we send everyone to prison and don 't present offenders with better opportunities. We have turned into a society focused on retribution and deterrence, and have forgotten about rehabilitation.
Incarceration fails to reduce crime rates related to drug-related offenses. Often, criminals arrested for drug offenses commit such crimes because of their addiction to drugs. Their sentencing would be more effective if carried out by community corrections programs such as drug treatments that specifically target the problem of drug addiction. International instruments such as the 1988 U.N. Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and the U.N. General Assembly Guiding Principles on Drug Demand Reduction urge governments to embark on community corrections programs. These programs such as drug education and treatment programs for first-time offenders assist governments to deal effectively with the drug
Mandatory minimums are laws that stipulate minimum amounts of jail time for specific criminal offenses. The amount of time that corresponds with drug possession and drug use can be long, anywhere from one to ten years for a single charge. The federal minimum also takes away the Judges’ ability to consider mitigating circumstances. The