Aristotle's Theory Of Minimum Sentencing

Recently, news emerged that John Horner, a father of three, received the minimum sentence of 25 years in prison for illegally selling $1,800 worth of painkillers to a friend. This is an example of how minimum sentencing causes people to be punished disproportionately to their crimes. Aristotle would call this an inequity our justice system. He defines equity as a “rectification of the law where the law falls short by reason of its universality.” However, minimum sentencing does not allow room for this rectification of the law. Consequently, minimum sentencing is not in line with Aristotle’s principle of equity, which is critical to true justice. Minimum sentencing ignores motives, doesn’t take into account an individual’s needs and ultimately …show more content…
The goal of justice is not simply punishment, but rather “to make the citizens good and law-abiding” Consequently, a judge should take into account what punishment would be most effective in correcting the offender. Aristotle says that those who act out of moral weakness have a desire to do what is right, but don’t have the strength. Someone who feels guilt and has a desire to get better, can benefit more from rehabilitation over jail time. For example, Todd Hannigan received a 15-year prison sentence for trying to kill himself with the painkiller Vicodin. Here is a man who is struggling with addiction and has lost the will to live, he needs help, not fifteen years in jail. The judge himself even lamented, "I do believe this is an inappropriate sentence for you. I really believe that- but there are restraints placed on my ability to stray from the statutory framework," This restraint placed on judges by minimum sentence laws results an inability to fulfil their goal to, “make people good” and is an inequity in our …show more content…
It takes the power away from judges, muzzling their ability to evaluate both the motives and the needs of a particular defendant. This practice leads to inequity and sentencing which is disproportionate to the crime committed. Aristotle says, “In cases that the issue happens to fall outside the universal formula, it is correct to rectify the shortcoming.” We need to do something about our inequity problem. We need to abolish minimum sentencing laws and instead follow Aristotle’s maxim that judges are to be the most virtuous among us. It is essential that our society move away from minimum sentencing and towards virtue and true