Mandatory Minimum Sentencing
Abstract (Incomplete)
Prison overcrowding and tax payer burdens are just two of the effects that must be addressed with mandatory sentencing reform. There must also be a consideration for balancing the deterrence factor with an offender's increased attempts to avoid detection and arrest if there is to be any measurable effect on societal burden and criminal justice through reform. Moreover, prisons are far from the ideal corrective and rehabilitative centers that they are purported as by proponents of mandatory minimum sentencing, and can either continue of worsen an individual's criminal tendencies. Without considering the effects that are seen with the current sentencing policy, it would be difficult to justify considering reform and even more difficult to enact reform. By reviewing the data and information on the effects of mandatory minimum sentencing, one can see the connections to the flaws in the system and the need for reform. The criminal justice system as a whole needs the ability to adjust to the current criminal situation faster than the criminals are adjusting their mode of operation.
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Reform for Mandatory Minimum Sentencing
Mandatory minimum sentencing requirements that removed a judge's power to impose a sentence surfaced in the 1960's and 1970's due to sentencing disparities stemming from unrestrained power, leniency, negative bias and little guidance on appropriate punishment. Mandatory minimum sentencing requirements were established mostly to maintain consistency within the criminal justice system, but have instead removed power from judges and placed it in the prosecutor's hands. This shift of power has not proven to be a deterrent in sentencing disparities but instead has caused a negative impact on the American criminal justice system and should be amended to place some sentencing discretion back into the hands of the judge.
There are currently two bills with bipartisan support that are under consideration and are attempting to help support the reforming of current sentencing policy: the Justice Safety Valve Act of 2013, which would apply to all federal mandatory minimums, and the Smarter Sentencing Act, which would apply to federal mandatory minimums for only drug offenses (Bernick & Larkin, 2014). The Justice Safety Valve Act of 2013 would place some sentencing leniency at the judge's discretion when it is deemed that public safety would not be placed in jeopardy (Wing, 2013). The Smarter Sentencing Act addresses the issue of relatively minor drug offenses that receive decidedly harsh sentences under the current regulation. While these bills are a step in the right direction, it is difficult to predict their impact and effects on the criminal justice system without also considering other factors that could contribute to or mitigate criminal behaviors.
Effects of Mandatory Minimum Sentencing
Stronger Attempts to Avoid Detection and Arrest
Many feel that harsh sentencing policies provide a deterrent to potential offenders by providing a sort of scare factor. The rational is relatively simple and is based on the notion that the threat of lengthy sentences would effectively prevent certain crimes from taking place. While this logic might prove effective in some instances, it is not a uniform factor that can be relied upon solely to reduce crime or arrests for myriad different reasons. As regulations and policies evolve, criminals and their activities do too. Many are driven by greed, necessity, or thrill -- which are rarely affected by the risk of incarceration. The mindsets seem to be that the criminals think they simply will not get caught and they adapt their routines to ensure their activities can continue. In other instances, criminals are ignorant of the punishment for their offenses. They are aware that they are transgressing the law, yet do not know what the specific sentencing measures for their particular crimes are. As the story and circumstances surrounding those who do get caught surface, criminals 'adjust fire' so as to avoid a potential end to their activities.
Prison Overcrowding and Tax Payer Burdens
Another of the consequences of mandatory minimum sentences is seen in a dramatic growth in the U.S. federal prison population. "We now spend...
Prison overcrowding or typically, mass incarceration, is the most threatening issue in virtually every state and in many municipalities all over U.S.. It has been reported that the imprisonment rate in U.S. is seven times as much as in Europe and it is equivalently increasing with the increase in population. Inmate populations are escalating due to a great number of sentencing to jails and prisons and the number of repeat
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