Arguments Against Mandatory Minimums
By keeping these offenders imprisoned and from continuing their illegal activities, it is seen as keeping the public safe from any further harm. Before mandated minimums, it was possible to receive a fair sentence from a judge who could assess the situation and decide based on their experience. With minimums, one can argue that it reduces sentencing disparity (Caulkins, J., Rydell, C., Schwabe, W., & Chiesa, J., 1997). Now offenders committing similar crimes will all receive the same sentence, no matter the circumstance. When an offender is faced with a lengthy sentence for a crime committed, it provides a tool for prosecutors to use to find others involved. If the defendant assists with the investigation or prosecution of others involved, it is possible to receive a reduced sentence (Caulkins et al.