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Mandatory minimum sentencing pros and cons
Mandatory minimum sentencing pros and cons
Mandatory minimum sentencing pros and cons
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I will be explaining how I feel bout mandatory minimum sentences and if they have had a positive impact on reducing crime in the U.S. (Schmalleger & Smykla, 2015). I will be explaining the why or why not of mandatory sentencing.
Do you feel that mandatory minimum sentences have a positive impact on reducing crime in the US? Why/ Why not? The way I feel about mandatory minimum sentencing is that it has worked in the short term and has gotten violent criminals off the street mostly involving handguns and drugs with longer mandatory sentences (Schmalleger & Smykla, 2015). I have found that using mandatory minimum sentencing ensures that anyone who commits a certain crime gets a just punishment that cannot be avoided (Larkin
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I found that minimum mandatory sentencing does not reduce crime such as sentencing a lower level drug dealer to a mandatory sentence will not stop the drugs from getting to the street (Larkin & Bernick, 2014). They will just replace that dealer with a new dealer. I believe that the biggest reason that minimum mandatory sentencing does not work is that it is not cost effective to the court system or the correction system if shorter sentencings have the same effect as longer sentencings. Therefore, having minimum mandatory sentencing have good intentions, in theory, to get offenders off the streets longer for certain crimes and makes the communities safer (Schmalleger & Smykla, 2015). With good intentions comes some backlash such as, is it cost efficient to the courts and the correctional systems? Do the longer sentencing terms deter the offenders from committing more crimes than a shorter sentence? In my opinion, my answer is no because studies have shown that crime rates have not changed because of minimum mandatory
Sentencing is an extremely individualized basis, which should be treated as such (Pomerance, Renee M, 2013). The causes and effects of each individual situation cannot possibly be summed up into one punishment. Judges are extremely good at their job, and should be able to supply punishments that they believe are fair and just for each individual incident. Canada does not need so many mandatory minimum sentences, and should be allowing the judges to do their job, by using their own discretion. By allowing the judges to think for themselves, and use past judgements on certain cases, Canada will have a much more fair and democratic criminal justice program. Therefore, causing the crime rates to eventually
The arguments against mandatory sentencing are that its not eliminating disparities or discretion and those they have shifted that discretion from the judges to the prosecutors. People contend that mandatory sentencing does not reduce crime. Law professor Michael Tonry at the university of Minnesota concluded
Prison reform has been talked about since the late 1800’s and early 1900’s with the goal of giving prisoners better living conditions. Today’s issues involving prison reform have caused many debates on whether or not prisons should change their traditional ways and try to find a more suitable solution with prison related problems like overcrowded facility and huge sums of money being spent on these prisons. Two article that are going to be analyzed in this essay are entitled “Do the time, lower the crime” by James Q. Wilson and “Mandatory Minimum Drug Sentences Waste Resource” by Kevin Zeese. Both of these articles have opposite viewpoints toward prison reform. One side of the argument which is introduced in “Do the time, lower the crime” argues that harder prison sentences are lowering the crime rate and that the cost of prison is succeeded by the beneficial outcomes society gets in return. The pro prison reform side in “Mandatory Minimum Drug Sentences Waste Resource” contends that an increase in overcrowded prison facilities has to do with stricter laws and prison sentences being placed on minor offenders. The pro-reform side also argues that treatment programs must be emplaced so less previous convicts return for violations. While prison reform is something that can be beneficial, the opposing side argues that imprisonment has positive outcomes, while the supporting side argues that overcrowded prisons and prison spending have become a serious problem.
Criminals are deterred from pleading guilty because minimum sentencing guarantees a harsh punishment, which in turn costs time and money by prolonging court cases. Minimum sentencing should not be mandatory because it is unconstitutional, does not deter crime, and is not cost-effective.
... or minor vehicle offenses. This programs proved to be very effective in other countries like England due to the fact that they utilize this program more as an alternative to prison rather than just a condition. For that, it is hard to say whether it is effective in the United States in its current state. It might just be a problem of implementation.
Though these polices are effective in decreasing the amount of crimes committed, they are often criticized for being harsh to those who commit nonviolent offenses such as drug crimes. According to Wallace (1993), mandatory sentencing takes away the judge’s discretion and allows the prosecution to possess more power within the courtroom. This may be especially true for cases in which the defendant can provide the prosecution with assistance for another case or for another participant in the crime. The prosecutor uses the defendant for information in exchange for shorter sentences, swinging the case in the prosecutions favor, and leaving other defendants without useful information at a
This research seeks to establish whether making the penalty stiff will work in repeating repeat and future offenders. This research is tied to a larger theory that harsh punishments act as a deterrent to crime. They work by making people not commit a crime for fear of the punishment that is going to follow. This research is applicable across many facets of crimes that are rampant. It is going to help identify whether enacting stricter laws and enforcing them helps in reducing the relate...
When it comes to criminal justice there are several other options to punish someone rather than incarceration, any of these options can be used in place of incarcerating someone based on the individual needs. Does the person who drinks habitually need to go to jail for their fifth DUI, or do they need alcoholism classes? At the same time sometimes incarceration is the only option. Incarceration is a very costly process, and leaves the person who is incarcerated “institutionalized” where all they know is the system, and do not know how to survive outside of it. It is all a cost versus benefit battle.
More are sentencing options are great because just like every person is different, so is the crime. Prison may not always be the most effective response for people, so If courts have options other than incarceration, “they can better tailor a cost-effective sentence that fits the offender and the crime, protects the public, and provides rehabilitation” (FAMM, 2011). Findings have also proven that alternative saves taxpayers money. “It costs over $28,000 to keep one person in federal prison for one year1 (some states’ prison costs are much higher). Alternatives to incarceration are cheaper, help prevent prison and jail overcrowding, and save taxpayers millions” (FAMM, 2011, para. 3). Lastly, alternatives protect the public by reducing crime. There is a 40% chance that all people leaving prison will go back within three years of their release (FAMM, 2011). “Alternatives to prison such as drug and mental health courts are proven to confront the underlying causes of crime (i.e., drug addiction and mental illness) and help prevent offenders from committing new crimes” (FAMM, 2011, para.
...ure or be used as a means for revenge. The death penalty is a severe penalty for a sever crime. I feel that it does work as a deterrent for crime because of its severity over any prison term. Capital punishment is necessary for a stable society and should not be abolished.
While that argument may make sense, the resources invested into the penalties actually have a negative impact on everybody who is involved. “Many experts in criminal law feel the multi-decade sentences being handed down today are excessive. "They are absurd, and a waste of time and money," says Roger Williams University's David Zlotnick.” (Norton 3). Because of the fact that it makes no sense to punish non violent felons severely, the valuable resources will go to
To begin with, in my opinion a main advantage of implementation this law would be reducing crime and arrest rates as it should be the best deterrent. On the other hand, this law can multiply the number of criminals in an already overcrowded prison system which makes it even more expensive. Despite this downside, I strongly believe that this law would keep persistent offenders off the streets for longer periods which should prevent them from harming society and committing additional crimes. However, a main disadvantage focuses on disabling the courts and the judge from being
Mandatory minimum prison sentences are punishments that are set through legislation for specific offenses. They have been used throughout history for different crimes. The four traditional goals of punishment are: deterrence, incapacitation (incarceration), retribution, and rehabilitation. With the state of our national economy, cutting prison and corrections costs would be a huge savings. On the surface, it may seem that mandatory minimum sentences would serve the traditional goals of punishment. They would discourage potential criminals, keep society safe for longer periods of time, they would punish the offender and they would rehabilitate the offender. What they did not do, however, is take into account the individual circumstances of each case and each defendant. Mandatory minimum sentences are not effective and they should be repealed.
Mandatory sentences can be an effective means of dissuasion because people know that they are facing a minimum amount of time just for committing the single crime, and it can only go up from there. It also ensures that people serve their full sentence and do not get off easily because of good behavior or parole. Mandatory sentences can also lead to unjust punishment for crimes because they do not take into account the circumstances and situations
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.