Mandatory Sentencing : The Sentencing Reform Act Of 1984 Essay example

Mandatory Sentencing : The Sentencing Reform Act Of 1984 Essay example

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Mandatory sentencing has been a very controversial topic since its beginning. According to a survey in 1997 of more than 400 State and Federal judges were against minimum sentencing (Waller, 2009).This process of minimum sentencing was termed the Sentencing Reform Act of 1984. Before this reform, the discretion of what a criminal was sentenced with was left up to the judge. It was felt that judges had too much leeway and some were using other mitigating circumstances in determining what the sentence for an offender would be. However, with new standards such as mandatory sentencing, judges are not allowed to take into consideration important factors such as age, unusual circumstances and/or possible undue factors that strongly affected the defendant and any justification surrounding the case (GCU, 2011). Although mandatory sentencing has proven to be a benefit to society such as being structured and a deterrent; reputative justice, recidivism, and the overall expense of mandatory sentencing should weigh higher on the issuance of mandatory sentencing.
Mandatory sentencing is a process that is stretched across the bored allowing a platform to sentencing. According to Wallace (1993), there is too much disparity in criminal sentences and that prison sentences are too in determinate in duration. Before the Sentencing Reform Act of 1984, there was no formal way of how a criminal was sentenced. Judges had the free will to base sentencing off rather or not the factors surrounding a particular case work for or against a defendant. In this sentencing tactic, judges are not allowed to use factors in issuing a sentencing. This allows structure and uniformity when it comes to sentencing a person. While being structured, it has been shown th...


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...ng the wrongfulness of their crime; it stuffs them in a closet and hides them from the world. As said by Bracey (2006), “We assume that, once something is flushed down the toilet, it 's gone -- poof -- and we don 't have to worry about it anymore. We get miffed if the sewer backs up.” Incapacitation cause an over flow in prisons and do not allow criminals to learn what they need to possibly be readmitted to society. There needs to be other alternatives to deter crime instead of packing our jails systems. Finding out why some crimes are committed and coming up with more rehabilitation methods could cut down on the amount of reoffenders. According to Bracey (2006), there has been research that shows that prison- based education programs are effective. It showed that rather it be education, job training or advanced education, it can have a positive effect on recidivism.

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Mandatory Sentencing : The Sentencing Reform Act Of 1984 Essay example

- Mandatory sentencing has been a very controversial topic since its beginning. According to a survey in 1997 of more than 400 State and Federal judges were against minimum sentencing (Waller, 2009).This process of minimum sentencing was termed the Sentencing Reform Act of 1984. Before this reform, the discretion of what a criminal was sentenced with was left up to the judge. It was felt that judges had too much leeway and some were using other mitigating circumstances in determining what the sentence for an offender would be....   [tags: Prison, Crime, Criminal justice, Criminology]

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