It is important to note that any judicial system can have flaws and imperfections. Other critics of mandatory sentencing feel that the money spent in longer incarceration has not been beneficial in the war against drugs and could be better spent on other programs designed to fight drug abuse. For mandatory sentencing, it helps create a standard of justice that can be applied equally to all parties that are charged with similar crimes. Judges are not able to reduce the charges no matter what the defense’s argument may be. It includes mandatory sentencing of 10 years to life in prison for any person age 21 or over who attempts or conspires to offer drugs (including marijuana) to someone younger than 18 years old. Supporters of mandatory minimums view it as a way to deter drug distribution and use by extending the time that a criminal is incarcerated therefore preventing them from committing more drug-related crimes. Modern propositions for compulsory service envision that young Americans could join the military or do civilian projects such as teaching in low-income areas, helping care for the … Congressman James Sensenbrenner (R-Wis.), a proponent of mandatory sentencing, has introduced a bill to Congress called "Defending America's Most Vulnerable: Safe Access to Drug Treatment and Child Protection Act of 2004." 2. Mandatory Sentencing Pros And Cons. According to a law professor, there are no marginal deterrent effects … An example of a mandatory sentence is the "three strikes rule. "Mandatory Drug Sentencing Laws." 1. Though, the judge felt it was irrational and unjust. Along with these unjust punishments, mandatory minimum sentencing shows to be a waste of public taxes for keeping inmates imprisoned. Pros--Judges have limited, if any, discretion so everyone is treated the same which can be good and can be bad. 2) Criminals will know what punishment they will get if they commit a crime, so it may stop them from committing it. Sentencing guidelines. It does not include the sympathy factor. Many states have begun to use alternatives to imprisonment for drug offenders—usually called "drug courts"—in which defendants are sentenced into treatment programs, rather than jail. The high cost of incarceration and the small results that it has shown in fighting the war on drugs, show that such money would be better spent on shorter sentencing and drug rehabilitation programs. There is … Wiki User April 28, 2013 6:52PM . They have the power to choose whether or not to charge the offenders the crime that carries a minimum mandatory sentence. I need at least 1 pro and 3 cons for Mandatory Sentencing. Sentencing used to be in the hands of a jury or judge, but with mandatory sentencing, a guilty verdict would mean that prosecutors are given more control of the sentence the offenders would receive. A study performed by the Rand Company said such sentences have proven to be ineffective in curtailing drug use or drug related crime. Although everybody deserves a fair chance, having a sentence that is too lenient... 3. Mandatory drug sentencing laws came about in the 1980s in the height of the War on Drugs. The mandatory minimum sentencing law provides a judge with a set minimum sentences based on the charges against the defendant. Research shows that drug court alternatives are not only more cost-effective than prison sentences for defendants who commit non-violent crimes, they help reduce the rate of defendants who return to a life of crime after completing the program. https://www.thoughtco.com/mandatory-drug-sentencing-laws-972228 (accessed February 23, 2021). The seizure of 3,906 pounds of cocaine, valued then at over $100 million wholesale, from a Miami International Airport hangar on March 9, 1982, brought about the public's awareness of the Medellin Cartel, Colombian drug traffickers working together, and changed U.S. law enforcement's approach towards the drug trade. There is a reason we give judges a gavel, not a rubber stamp". Cons of Mandatory Drug Sentencing Laws Opponents to the mandatory sentencing feel that such punishment is unjust and does not allow for flexibility in the judicial process of prosecuting and sentencing individuals. Mandatory sentencing is a predetermined punishment for specific crimes that takes the discretion of sentencing out of the judge’s hands. Sentencing used to be in the hands of a jury or judge, but with mandatory sentencing, a guilty verdict would mean that prosecutors are given more control of the sentence the offenders would receive. 1. Anyone who has offered, solicited, enticed, persuaded, encouraged, induced, or coerces or possess a controlled substance, will be sentenced to a term not less than five years. 2. Pros And Cons Of Mandatory Minimum Sentencing 2594 Words | 11 Pages. Other opponents to mandatory sentencing include Court Justice Anthony Kennedy, who in August 2003 in a speech to the American Bar Association, denounced minimum mandatory prison terms. Mandatory sentences are predetermined sentences for certain categories of offences, mainly drug-related and gun-related crimes. In the United States, 300 million people will each have a unique opinion on any... 2. In theory, mandatory minimum sentences can help law-enforcement officials to move up the chain of command in organized crime. "Mandatory Drug Sentencing Laws." Mandatory Minimum Sentencing Mandatory minimum sentencing laws entail binding prison terms to a minimum length for certain crimes that judges can not lower even under the most justifiable circumstances. custodial sentences. Mandatory minimum sentencing laws have gained popularity in the United States over the last couple of decades. It triggers a shift in personal bias. It has also been incorporated into certain statutes to stop specific crimes from happening, such as those related to drugs or guns. Pros--Guide for general consistency, but judges have flexibility to deal with each case, some warranting different sentences. The guidelines ignore things like the race or economic status of the defendant. When low-level criminals are threatened with high-level ma… While many citizens support such laws many view them as inherently biased against African Americans. Here are some key pros and cons to consider about this practice. Mandatory sentencing is a form of punitive sentencing in which a legal officer, ... We can debate the pros and cons of mandatory sentencing forever. 8 Pros and Cons of Mandatory Minimum Sentences Mandatory minimum sentences refer to court decision settings that require people convicted of crimes to spend time in prison for a minimum number of years, regardless of the individual circumstances they find themselves … "In too many cases, mandatory minimum sentences are unwise and unjust," he said and encouraged the bar to be leaders in the search for justice in sentencing and in racial inequities. More mandatory drug sentences are being proposed. We hear calls for this every now and then, when we see what we consider, as individuals or as communities, a mistake by the judiciary in adequate sentencing. 1. Mandatory sentencing will free up a bottleneck in the judicial system by removing the need for lengthy and costly pre-sentencing reports, thus increasing efficiency Cons… In fact, studies show that the greatest deterrent effect comes from an increased fear of being caught -- and the length of sentence is insignificant to criminals who believe they can act with impunity. Definition and Examples, The First 10 Amendments to the Constitution, Timeline of Gun Control in the United States. Of course, every person deserves a fair chance, but a very lenient sentence would almost make it seem like offenders will just get away with their crimes. List of the Cons of Mandatory Minimum Sentences. Montaldo, Charles. (Roche, 1999) Pros: Common belief of the Australian public is, with a minimum mandatory sentence 2. Mandatory sentencing is a modern evolution of this justice by requiring judges to issue a specific sentence if someone is found guilty of a crime. Legal Definition and Examples, What Is Racketeering? The Pros of Mandatory Sentencing. Ineffective When it comes to crime reduction, critics say that mandatory minimum sentences are not helping to reduce crimes. They have the power to choose whether or not to charge the offenders the crime that carries a minimum mandatory sentence. First, federal sentencing guidelines make sentencing fairer. Pros And Cons Of Mandatory Sentencing 837 Words | 4 Pages. Charles Montaldo is a writer and former licensed private detective who worked with law enforcement and insurance firms investigating crime and fraud. Definition and Considerations, The Main Classifications of Criminal Offenses, African American Men and the Criminal Justice System, What Is Chain of Custody? Dennis W. Archer, former Detroit mayor and Michigan Supreme Court Justice takes the position that "it is time for America to stop getting tougher and start getting smarter against crime by reassessing mandatory sentencing and irrevocable prison terms." It triggers a shift in personal bias. 0. Mandatory minimum sentencing may also increase the pressure to plead guilty, whereby the discretion wielded by the Crown is “hidden from public view” which in turn may reduce accountability and allow systemic discrimination to be perpetuated. 1. Opponents to the mandatory sentencing feel that such punishment is unjust and does not allow for flexibility in the judicial process of prosecuting and sentencing individuals. Chapter 9 1. Retrieved from https://www.thoughtco.com/mandatory-drug-sentencing-laws-972228. After being caught, the judge sentenced her to a 10-year mandatory sentence as dictated by law. ThoughtCo. The other major advantage of federal sentencing guidelines is that they make sentencing more predictable and transparent. In an article posted on the ABA website, he states, "The idea that Congress can dictate a one-size-fits-all sentencing scheme does not make sense. Kofi Annan: Importance of Youth Leadership, Youth Leadership in Community Development, Taking Youth Leadership to the Next Level, How We Are Helping Chinese Disabled Youth, Front Loading Washing Machines Pros and Cons List, Flat Organisational Structure Pros and Cons List, 22 Good Songs for 18th Birthday Slideshow, 35 Good Songs For 50th Birthday Slideshow, 57 Good Parents Entrance Songs for Wedding Reception, 23 Bible Verses About Death Of a Grandmother, 6 Profound Pros and Cons of Legalizing Drugs, 19 Primary Pros and Cons of Legalizing Weed, 42 Good Songs for 70th Birthday Slideshow. Judges need to have the discretion to weigh the specifics of the cases before them and determine an appropriate sentence. Proposals for the United States to implement mandatory national service, a requirement that people serve in the military or complete other works of service, trace back to the 1800s. In reaction to an increase in the amount of cocaine being smuggled into the United States and cocaine addiction epidemic proportions in the 1980s, the U.S. Congress and many state legislatures adopted new laws that stiffened the penalties for anyone convicted of trafficking certain illegal drugs. It encourages an environment where coercion exists. 11 Mandatory Minimum Sentences Pros and Cons – Vittana.org Discuss the sentencing dispositions in your jurisdiction. Our laws must also create an outlet to let those who have been convicted unjustly or for misdemeanors and felonies that are non-violent to have a way to opt out of the mandatory sentencing. (2020, August 27). 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