Mandatory Sentencing

Mandatory Minimum Sentences from the Mid-Twentieth Century Laws had been codified by the mid-twentieth century in order to keep track of how many laws there were and how to impose them. In 1951, Congress enacted more mandatory penalties relating to the new issues that society was confronting. During this time drugs became a prevalent issue which needed to be curtailed. In response to the issue, Congress passed a mandatory minimum penalty of two years of imprisonment for violating the Narcotic Drugs Import and Export Act (USSC.gov). Longer sentences would be imposed to repeat offenders. However, by the 1960s, these mandatory sentences became unpopular and the Nixon administration proposed a reform to these sentencing laws. These proposals …show more content…
Some issues are internal while others are external. Internal problems consist of punishments not equal to the crimes committed, federal prosecutors having too much power to decide the punishment for offenders, and the overcrowding of prisons. External problems are more in relation to life after imprisonment for nonviolent offenders, the impact these punitive sentences have on family structures and the creation of the revolving door and recidivism in poor communities. Internal issues. The issue of cruel and unusual punishment has been brought up to the court in regards to drug offenses. The case of Harmelin v. Michigan concerned itself with the issue of life without the possibility of parole for the possession of 672 grams of cocaine (Doyle, 2013). The court found that the issue of proportionality is an issue that only the legislature can make determinations on (Doyle, 2013). Therefore, life without parole for the possession of 672 grams of cocaine was not found to be cruel and unusual punishment under the Eighth Amendment (Doyle, 2013). Many individuals that are caught in possession of controlled substances, even in small quantities, face lengthy sentences due to the issue of proportionality. This is one of the issues that need to be addressed by the legislature in regards to minimum mandatory …show more content…
Children of inmates are being raised without a male figure and without possible role models. They lack the paternal relationship and are forced to become more independent at a faster pace. Furthermore, prisoner’s children suffer from social stigma and shame (Finney, 2001). Once they come out of prison, they try to mend their relationship with their children, however, this can be hard because they had spent many years apart.
Finally, their absence in the communities makes it difficult for them to re-entry into the communities they were once part of. Also, the communities suffer a bad stigma due to the many felons that are released onto poor communities. Furthermore, communities where many individuals are taken into custody lack diversity and also are at risk of becoming a revolving door for felons and their children. Recidivism occurs because of the lack of job opportunities for felons that are re-entering into the