blog




  • Essay / Advantages and Disadvantages of Mandatory Minimum Sentences - 2594

    Mandatory minimum sentencing laws have gained popularity in the United States over the past two decades. By the early 1990s, these laws existed in all 50 states (Bjerk, 2005). The goal of these laws appears to be to create longer sentences for repeat offenders; however, these laws are also known to result in unintended consequences within the criminal justice system (Bjerk, 2005). People involved in the legal process (such as judges and prosecutors) have become aware of these discrepancies in mandatory minimum laws and have learned to work around them (which sometimes causes further discrepancies). When working within the justice system, a person is confronted with mandatory minimum sentencing laws and, on occasion, the need to mitigate or deviate from the guidelines. Depending on how court personnel decide to “mitigate” the circumstances, ethical principles (such as formality) must be considered in determining how to handle these types of situations. Mandatory minimum sentences have existed in the United States since the beginning of legislation. . When these laws were finally implemented, death was required for all criminal crimes, but only a small handful of these offenders were actually executed. During the 1980s, the use of mandatory minimum sentencing laws increased during the “war on drugs” (Greenblatt, 2008). According to Greenblatt (2008, p. 3) “by 2007, Congress had passed 171 mandatory minimum sentences. Many of the 171 mandatory minimum sentencing laws are rarely used. Overall, few convictions have been recorded under mandatory minimum sentencing laws (Greenblatt, 2008). Although many laws have not been invoked, several states have begun to adopt a specific type...... middle of paper...... across the United States; however, sometimes these penalties are not appropriate. Laws such as the “three strikes, you’re out” law and Title 18 USC 924(c) often create penalties that can be authoritarian and extremely harsh. As a result, judges and prosecutors have found ways to “get around” the imposition of mandatory minimum sentencing laws. While this practice is generally seen as positive, it is also known to create more problems within the criminal justice system. There is therefore a need for further research into the issues surrounding mandatory minimum sentencing laws and how they prohibit discretion in cases involving different circumstances. Applying ethical principles such as formalism can be helpful; however, this does not completely solve the problem of unjustified mandatory minimum sentences.