Mandatory Minimum Sentencing

Mandatory Minimum Sentencing

  • Submitted By: LauraJean21
  • Date Submitted: 02/02/2009 7:37 PM
  • Category: Business
  • Words: 1526
  • Page: 7
  • Views: 611

Running head: MANDATORY MINIMUM SENTENCING Mandatory Minimum Sentencing December 14, 2008 Abstract Mandatory Minimum Sentencing legislation was established in the 1980’s in conjunction with America’s War on Drugs. Over the past twenty to thirty years, we have seen a steady rise in the prison population. This is a direct relationship with the Mandatory Minimum Sentencing legislation. Judges have lost control of sentencing offenders, which is now in the hands and at the discretion of the prosecutor. Mandatory Minimum Sentencing The United States judicial system has always recognized that one is innocent until proven guilty and that the punishment will fit the crime. Our laws and punishments when compared to other countries seem fair and just. Mandatory Minimum Sentencing was created to give drug offenders harsher punishment and mandatory prison sentences for dealing or selling drugs. Judges have no choice, or very little choice, when handing down a sentence to convicted drug dealers because of the Mandatory Minimum Sentencing. Control of sentencing drug offenders has been taken away from the judge and is now controlled by the prosecutor. Instead of the high-level drug dealers being convicted and sentenced, first-time offenders and low-level drug dealers are serving mandatory sentences. With more and more drug offenders serving mandatory sentences, the prison population has increased dramatically. The number of women that are in prison has dramatically increased since Mandatory Minimum Sentencing became law,with the majority women serving mandatory drug sentences. By taking a message for a friend, husband, or boyfriend, a woman can be charged with conspiracy and be ordered to serve a mandatory minimum sentence because a message was taken. Mandatory Minimum Sentencing seems good in theory, but it has many shortcomings. Changes need to be made to Mandatory Minimum Sentencing in order to alleviate the overcrowding in the United States’ prisons. Mandatory Minimum...

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