Mandatory Minimum Sentencing Essay

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Mandatory minimum sentencing is the practice of requiring a predetermined prison sentence for certain crimes. The most notable mandatory minimums are the ones implemented in the 70’s and 80’s, hoping to combat the rising drug problem. Mandatory minimum sentencing has existed in the United States nearly since its very birth, with the first mandatory minimums being put into place around 1790. Recently, as the marijuana laws of many states have scaled back in severity, the issue of mandatory minimums has caused controversy in the US. There are two distinct sides to the argument surrounding mandatory minimum sentencing. One group believes we have a moral obligation to our country requiring us to do no less than lock up anyone with illegal drugs …show more content…

In my eyes there are three main questions to be asked about mandatory minimum sentencing: For one, are mandatory minimum sentences fair? I do not mean this in the “Johnny got two cookies and I only got one” type of fair. When referring to fair, I am asking if we are giving our country’s judicial system the freedom to exercise all of their privileges and powers. Also, if compared to less heinous and more heinous crimes, are the mandatory minimums surrounding drug offences unjustly strict? The second question: What is the impact of mandatory minimum sentences on the criminal justice system and jails as a whole? Are other problems being created by mandatory minimums? Finally, I’d like to know what alternatives to mandatory minimums exist, and if they are more or less effective. It is very important to be able to look at angles of this issue and reassess our approach. It would make a lot of sense to change how criminal justice system if it is using outdated and ineffective …show more content…

We cannot afford to keep using the same approach in hopes of diminishing our drug problem in the United States. In a study posted on RAND.org, the author Jonathan P. Caulkins compares many methods we can use to help with drug crime. The first graph compares federal mandatory minimum sentences, conventional enforcement at all levels of government, and treatment of heavy users. Conventional enforcement prevented around thirty kilo grams of cocaine from being used, while federal mandatory minimums prevented around forty kilograms from being used. Treatment of heavy users blew both of the other methods out of the water. Treatment of heavy users dwarfs both other methods by preventing 110 kilograms of cocaine from being used. This shows that other methods besides jail can have an extremely positive effect on our country. Another graph in the same article shows that although longer sentences can drastically reduce the amount of cocaine used at first, over time it becomes extremely ineffective. This is because as the penalties for the crime become higher, the drug dealers raise their price according to the risk. By increasing the jail time, we are not only locking low risk people up for a long time; we are making drug cartels even more money than they were before. Also, through treatment, we would be able to change the culture surrounding drugs. If over time

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