An argument against mandatory minimum drug sentences

The objective of mandatory minimum sentences is making the consequences of committing crimes less beneficial than the perceived rewards. They have been successful in deterring crime at some level but, over the years, many people have been voicing out against them.

9 Primary Pros And Cons of Mandatory Minimum Sentences

The remedy was to excise 18 U. As of Augustaircraft hijacking also mandates use of the death penalty. After all, the government has to make sure that prisoners are properly fed and clothed and give them access to medical care.

Being imposed in various jurisdictions as a deterrent for repeat offenders, these sentences have been incorporated into certain statutes to prevent specific crimes from being committed, such as gun or drug crimes.

The premise surrounding mandatory minimum sentences is that judges have no choice but to award the same minimum punishment to everyone who commits the same crime, without taking their individual circumstances into account.

In particular, defendants with prior drug felonies are often subject to harsh mandatory minimums, but the prosecutor can exercise his discretion to not file a prior felony information. Although lower-level functionaries generally received much shorter average sentences than higher-level offenders, there were notable exceptions: However, the last execution was in ; since then all death sentences were automatically commuted into life imprisonment.

If you plead guilty or are found guilty at trial, you will get at least the minimum sentence set by law. And they are not receiving the same punishment because having mandatory minimum sentences, doesn't guarantee that discretion wont be used to prosecute the defendant.

Black offenders consistently had the lowest rates Con It is exceedingly difficult to understand your argument. Mandatory sentencing laws have been around for decades now. They would effectively shift discretion from judges to prosecutors.

9 Primary Pros And Cons of Mandatory Minimum Sentences

It has significantly reduced the amount of repeat offenders in the state since. This means that he is likely to commit an act unintentionally or involuntarily while in a sober state.

Editor's Note :

It would be nice is famm. This means that he is likely to commit an act unintentionally or involuntarily while in a sober state. In response to rising public concern about high rates of drug-related crime in the s and s, Congress enacted sentencing laws that dramatically increased penalties for drug crimes, which in turn sharply expanded the number of such offenders in federal prison and drove costs upward.

The share of Americans age 12 and older who said in a national survey that they had used an illicit drug during the previous month increased from 6. Bottom line is that sending people to prison because of this mandatory minimum sentence law is potentially damaging to our society because we are in fact spending money housing these prisoners, when we should instead use that money to crime-fighting personnel and equipment.

In other words, they have the power to choose whether or not they will charge offenders crimes that carry a minimum mandatory sentence. They discourage people from committing crimes. In many countries, the enactment of mandatory minimum sentences has paved the way to lower crime rates.

This, in turn, encourages them to stay on the right side of the law to avoid getting imprisoned for a long time. Many of these challenges have already succeeded: the Supreme Court of Canada and lower courts have struck down as unconstitutional numerous mandatory minimum sentences related to weapons offences, drug offences and, most recently, sexual offences against children.

In addition to mandatory minimum sentences, there are other factors that can determine drug possession penalties and sentencing. When fashioning a sentence, courts can look to aggravating or mitigating factors in any given case, such as a defendant's past record and the amount and type of drug.

There are two types of federal sentencing laws: sentencing guidelines, enacted by the United States Sentencing Commission, and mandatory sentencing laws, enacted by Congress. The Sentencing Commission was created in to combat sentencing disparities across jurisdictions. The current mandatory minimum sentences were enacted in a drug bill.

A glance through an index of America’s mandatory minimum crimes is a good guide to society’s evolving fears: firearm crimes, child pornography, terrorism, and, increasingly, some sex offenses.

Oct 05,  · Erin Moriarty interviews a Florida man who fired a warning shot to protect his daughter. He scared off her assailant -- and is now serving 20 years behind bars, because of the state's mandatory.

Arguement Against Minimum Drug Sentencing. Argument against mandatory minimum drug sentencing There are many different argument both for and against mandatory minimum drug sentencing.

However there are more arguments against mandatory minimum drug sentencing then there are for the support of the mandatory sentencing/5(1).

An argument against mandatory minimum drug sentences
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Arguement Against Minimum Drug Sentencing Essay