The Mandatory Minimum Sentencing Laws - 1613 Words

Current mandatory minimum sentencing laws are in dire need of reform. A mandatory minimum sentence is a court decision where judicial discretion is limited by law. As a result, there are irrevocable prison terms of a specific length for people convicted of particular federal and state crimes. As of January 2014, more than 50 percent of inmates in federal prisons are serving time for drug offenses, and more than 60 percent of people incarcerated are racial and ethnic minorities. The use of safety valves and implementation of the Fair Sentencing Act are a few methods Congress employed to combat racial disparity in prisons. Mandatory minimum sentencing harshly punishes non-violent offenders, disproportionately affects minorities, and skews the balance of power between judges and prosecutors. Throughout the majority of the 19th and 20th century, federal trial judges had a great deal of unlimited sentencing discretion. Unrestrained discretion can lead to sentencing disparities in particular cases, such as drug possession crimes. In 1952, the United States Congress enacted the Boggs Act, one of the first instances of mandatory minimum sentencing. Under the Boggs Act, the possession of marijuana, cocaine, or heroin carried a mandatory minimum of two years with a maximum of five years in prison. Nevertheless, in 1970, the United States Congress revoked the mandatory minimum sentencing for cannabis offenses. Later in 1986, the Anti-Drug Abuse Act created new mandatory minimumShow MoreRelatedThe Mandatory Minimum Sentencing Laws1688 Words   |  7 Pageserrors; one in particular that caught my attention was the mandatory minimum sentencing laws. These laws basically set minimum sentences for certain crimes that judges cannot lower, even for extenuating circumstances. The most common of these laws deal with drug offenses and set mandatory minimum sentences for possession of a drug over a certain amount. Sentencing procedures can vary from jurisdiction to Jurisdiction. Most of these laws are ineffective and causes unnecessary jail overcrowding. Read MoreThe Mandatory Minimum Sentencing Laws1528 Words   |  7 Pagespenalties, mandatory minimum sentencing laws were enacted. These laws help keep citizens protected, while criminals are incarcerated. John Oliver, the host of Last Week Tonight with John Oliver, talks about how mandatory minimum sentencing increases the number of criminals incarcerated, and he believes the length of their prison time is longer than it should be. He shows videos of criminals who were convicted under the mandatory minimum law with drug crimes. These videos explain how this law affectedRead MoreIs The Mandatory Minimum Sentencing Law?1593 Words   |  7 Pagessomeone in the second degree and be sentenced to a minimum of 10 years ? Is it right to take a parent away from their children for upwards of 20 years? The United States government thinks this is fair and allows for less discrimination in the federal justice system, this law is called the Mandatory Minimum Sentencing law. It has been around since the late 18th century, but did not start affecting drug possession until mid 20th century. Mandatory Minimums were initially designed to have a â€Å"cookie cutter†Read MoreThe Mandatory Minimum Sentencing Law1411 Words   |  6 Pagessentenced to a minimum of 10 years? Is it right to take a parent away from their children for upwards of 20 years? The United States government thinks this is fair and allows for less discrimination in the justice system, this law is called the Mandatory Minimum Sentencing law which has been around since the late 18th century. The Mandatory Minimum is for several types of crimes ranging from drug possession, possession of illegal firearms, and sex crimes against children. But this law was initiallyRead MoreThe Mandatory Minimum Sentencing Laws1347 Words   |  6 PagesThe establishment of mandatory minimum sentencing laws has been a policy blunder since their proliferation in the 1980s. Mandatory minimum laws are negatively affecting the U.S, economically and socially. These laws effectively strip judges of their ability to adjudicate a fair punishment by setting a minimum sentence and handing their discretion over to prosecutors. A number of individuals and their families have been negatively affected by mandatory minimum penalties, however, there are othersRead MoreThe Mandatory Minimum Sentencing Laws2000 Words   |  8 Pagesrequired minimum sentencing laws. Laws that are put intact so that Congress might have control over what happens with a convict in the judiciary court system. It is essential that these laws are dealt away with; they are creating greater harms than benefits for the public. They are costing the American people from their mo ney, abstinence from their families, and to some extent even rights as U.S. citizens. The United States Congress should repeal mandatory minimum sentencing laws. â€Å"A mandatory term stipulatesRead MoreMandatory Minimum Sentencing Laws For Drug Offences1089 Words   |  5 Pagesthe most notable being mandatory minimum sentencing laws for drug offences. This issue has been extensively researched by Kieran Riley with an article in the Boston University Law Journal titled â€Å"Trial by Legislature: Why Statutory Mandatory Minimum Sentences Violate the Separation of Powers Doctrine†, Paul Cassell and Erik Luna with a peer-reviewed scholarly article titled â€Å"Sense and Sensibility in Mandatory Minimum Sentencing†, and the Families Against Mandatory Minimums organization with a policyRead MoreThe War On Drugs And Mandatory Minimum Sentencing Laws1468 Words   |  6 Pagescriminals walking free while so many non-violent offenders are locked up? Although various aspects have fueled this inequity of justice, the factors that have contributed the most to this development are, undoubtedly, the War on Drugs and mandatory minimum se ntencing laws which have led to punishment disproportionate to the offense. 59% of rape cases and 36.2% of murder cases in the United States are never solved. In 2011, less than half of all violent crimes committed found any resolution. This dilemmaRead MoreMandatory Minimum Sentencing Laws Should Be Legal Essay1217 Words   |  5 PagesMandatory minimum sentencing laws entail binding prison terms to a certain length for people who have been convicted of state or federal crimes. These intransigent, â€Å"universally adaptable† sentencing laws may seem like an easy and quick solution for crime. However, these laws prevent judges from suiting the punishment to the criminal according to their offenses. Mandatory minimum sentencing causes not only state but federal prisons to overcrowd, extortionate tax costs, and deflect from law enforcementRead MoreMandatory Minimum Sentencing Laws Should Be Legal1150 Words   |  5 Pagesuse of mandatory minimum sentencing laws to keep drug offenders locked up for longer than they should be. Mandatory minimum sentencing laws are laws that require binding prison terms of a particular length for people convicted of certain federal and state crimes. Most mandatory minimum sentences apply to drug offenses, but Congress has enacted them for other crimes, including certain gun, pornography, and economic offenses. For the purpose of this paper, the focus will be on the mandatory minimum