Mandatory Sentencing Essay

This paper will be focusing on the controversial issue of mandatory minimum sentences in Canada. There has been much debate over this topic, as it has quickly become implemented for the sentencing of drug offenders, drug-related crimes and banned firearm offences. I will argue that every case that comes through the criminal justice system is different and deserves a fair trial with a sentence that is not already determined for them. There have been many cases where the judge has no discretion in the sentence due to the mandatory minimum sentences pre-determined for the case, no matter what the aggravating or mitigating factors were. I will argue that the mandatory minimum sentences in Canada should be reduced or eliminated as

In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from

The United States prison population has grown seven-fold over the past forty years, and many Americans today tend to believe that the high levels of incarceration in our country stem from factors such as racism, socioeconomic differences, and drugs. While these factors have contributed to the incarceration rate present in our country today, I argue that the most important reason our country has such a high incarceration rate is the policy changes that have occurred since the 1970s. During this time, the United States has enacted policy changes that have produced an astounding rise in the use of imprisonment for social control. These policy changes were enacted in order to achieve greater consistency, certainty, and severity and include sentencing laws such as determinate sentencing, truth-in-sentencing, mandatory minimum sentencing, and three strikes laws (National Research Council 2014). Furthermore, I argue that mandatory sentencing has had the most significant effect on the incarceration rate.

The concept of mandatory sentencing is a relatively new idea in the legal field. It was first introduced in 1951 with the Boggs Act, and it made simple marijuana possession a minimum of two to ten years with a $20,000 fine. This was eventually repealed by Congress in 1970, but mandatory sentences came back with the passage of the Anti-Drug Abuse Act of 1986. Since then, the scope and presence of mandatory sentencing has only grown, especially mandatory sentences for drug related offenses. Recently, there has been a growing concern over the use and implementation of mandatory minimum sentencing, with many believing it reduces a judge’s ability to give out a sentence that they feel accordingly fits the crime. Many advocates for mandatory

What has society done about reforming sentencing laws in order to reduce the incarceration population? The fair sentencing Act which was signed by president Obama has helped reduce the number of inmates impacted by mandatory minimum sentencing by “reducing the disparity in the amounts of powder cocaine and crack cocaine required for the imposition of mandatory minimum sentences and eliminates the mandatory minimum sentence for simple possession of crack cocaine, it also increases penalties for major drug traffickers” (White House 2010). What the Act did was changed the ratio of Crack cocaine v Cocaine from 100:1 to 18:1 (U. S. Department of Justice 2010). This Act is beneficial because it

Mandatory minimum sentencing laws entail binding prison terms to a certain length for people who have been convicted of state or federal crimes. These intransigent, “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 enforcement funds.

Today, more than 2 million Americans are incarcerated in either a state facility, federal correctional facility or a local installation (Batey,2002). Due to longer sentences, incorporating harsh sentencing guidelines, and mandatory minimum punishments (NeSmith,2015). With each inmate costing taxpayers an average of $30,000 annually. The Violent Crime Control and Law Enforcement Act of 1994 were increased sentences for a broad range of offenses, as well as establishing federal penalties for most murders and a large number of other crimes already subject to state law (Batey,2002). In addition to reducing the discretion of state judicial systems; as well as 85 percent of sentence satisfaction and establishing a mandatory life sentence for those convicted of three serious violent crimes or drug offenses (NeSmith,2015). .

People in The United States have been affected by the prison system, it has saved many lives, but on the other hand, people have prosecuted for minor crimes, to end up spending a lot of time in jail, which breaks apart families for far too long, it also creates a big rift between the people of this fine nation and their distrust of the law. Back in the 1980s, President Ronald Reagan has issued a law that has cut funding for the mental institutions in the United states as called the deinstitutionalization of mental health, and to show ways of how we can bring our mental health system into place. Also in the same era laws have been put in place to put harsher laws on drug offenders called mandatory minimum sentencing, some people like non-violent, first-time drug offender are being treated the same way as a drug lord, and a way that we can fix that is push laws in congress to loosen minimum sentencing. Not to forget to mention the death penalty, how tax payers are wasting our money on keep prisoners on death row. Having a poor mental health system, strict mandatory minimum sentencing, racial bias in our prisons, and death penalty laws has led people to enter our prison system wrongfully. By fixing those rules we can help our society grow, and achieve greatness by doing right to our prison system.

Until the early 1970s, the sentencing of crime convicts was based on the principle of rehabilitation of juvenile and adult offenders. Legislatures set maximum authorized sentences for various types of crimes and judges decided on the prison term or probation or fines. Correctional officials and parole boards had the powers to reduce the time served for good behavior and release prisoners early. In the 1980s and 1990s, the emphasis shifted to deterrence by imposing mandatory minimum sentences for certain types of crime, heavier sentences for habitual offenders and the “three-strike” rule for felony convictions. Public opinion supported these changes in the belief that prison terms were just retribution for crimes and incarceration kept criminals off the streets (Mackenzie, 2001).

Consider the following statistics in reference to the disparities among the different groups of defendants when it comes to minimum sentencing in the United States. According to the 2010 Commission’s Sourcebook of Federal Sentencing Statistics: over three-quarters (77.4%) of convictions of an offense carrying a mandatory minimum penalty were for drug trafficking offenses; Hispanic offenders accounted for the largest group (38%) of offenders convicted of an offense carrying a mandatory minimum penalty, followed by Black/African American offenders at 31.5%, White/Caucasian offenders at 27.4%, and other race offenders at 2.7%. More than 90% (90.3%) of offenders convicted of an offense carrying a mandatory minimum penalty were men; and Black/African American offenders received relief from a mandatory minimum penalty least often (34.9%), compared to White/Caucasian offenders (46.5%), Hispanic/Latino offenders (55.7%), and other race offenders(58.9%).

Each year in America many people received prison sentences for crimes that pose little if any danger or harm to our society. Mandatory Minimum Sentencing in the American Justice System has long been argued by both Lawmakers and the public. We will go over some of the history of mandatory minimum sentences as well as the many pros and cons to these types of sentences. Some examples of pros and cons are the overall effect on public safety, the effect on the offenders, the cost to taxpayers, the lack of discretion for Judge’s, and whether the law should be repealed.

     Capital punishment should be viewed as the stripping away of humanity from a person. The death penalty itself should be "executed" because of racial inequities, the concept of murder, the possibility of error, lack of deterrence, the cost, and an overwhelmed legal system. "The goal of capital punishment is revenge" (Introduction 1). Capital punishment is simply an outlet for the bloodlust of the American people (Introduction 1).

These measures were taken to ensure public safety but are now posing a problem for our correctional facilities. Overcrowding and budgets are among the problems brought about by these measures. Both the state and federal correctional population throughout the United States have steadily seen significant increases in their population, every year for the past decades. Based on the census found on the Bureau of Justice website, the data collected between June 30th 2000 to December 30th 2005 showed that prisoners held in custody between federal and state prisons increased by 10%. (“Bureau of Justice Statistics”, p.1 -2)

The Different Aims of Sentencing There are a number of reasons why a society punishes offenders. These include, among others, to discourage the offender from committing further crimes (individual deterrence), to help the offender, so that he or she won’t offend again (rehabilitation), to prevent the offender from committing further crimes through imprisonment (incapacitation) and to show society’s disapproval of the crime (denunciation). Retribution is to punish on the premise that it is a payback for the offence (Retribution carries with it the notion of “Do the crime, do the time”) Reparation is aimed at compensating the victim of the crime usually by ordering the offender to pay order to

The main purpose of the sentencing is to protect the public and to ensure that justice is done. The purpose of sentencing for those 18 and over is defined by section 142 (1) Criminal Justice Act 2003