Mandatory Sentencing In The Criminal Justice System

Superior Essays
Every year, millions of people in the United States go through the criminal justice system. This system at all levels of authority has numerous problems that it faces and provides equal punishments to those who break the law. When it comes to mandatory sentencing, many people take sides on what is considered fair and unfair. With the number of criminals rising each and every year, the justice system requires a well-balanced process for each individual case. With that being said, mandatory sentences are restrictions placed on judges when it comes to what kinds of punishment they can give to people accused of breaking the law. They limit judicial discretion, requiring that people who are convicted of certain crimes must be punished a certain …show more content…
This ultimately creates a standard of justice that is equally applied to all parties who are charged with the same crime. In today’s society, people want to be treated like equals on all levels. This provides a balance that serves the justice system’s needs in order to maintain control and organization. According to the “Drugs, Crime, and Justice” textbook (Belenko, Steven, & Spohn, Cassia 2015) the end of 2012, it was estimated that one out of every 108 adults were incarcerated also one out of 50 adults were under correctional supervision in the community (pg. 6). This brings the attention towards the overwhelming rate of prison populations that the United States faces. Mandatory sentencing helps provide prisons from being over populated even more so. To give an idea, criminals being charged for a low level offenses can be categorized by a consistent punishment for every individual that goes through the same criminal offense. So with having that consistency put in, criminals that are first time offenders could have the opportunity for parole instead of possible jail …show more content…
Some cases unfairly targets minority groups and have unjust sentencing. The common type of mandatory minimum sentences mainly aims towards drug offenses. Some of the strict controlled drugs out there can be incredibly harsh sentences for having, attempting to sell and or producing. For drugs more frequently used by the African American community, there are harsher drug sentences, then those used by the majority white population. Seen as a new form of segregation, these mandatory sentences create a jail culture of African Americans, resulting in higher rates of incarceration among adults in the community (National Latino Council on Alcohol and Tobacco Prevention 2015). With this in mind, it creates problems within society towards the justice system. Comparing the two sides, however, the benefits created from this type of system exceeds more than negative

Related Documents

  • Decent Essays

    In the most recent couple of years the verbal confrontation about whether obligatory sentencing ought to be nullified, and judges utilizing their own carefulness ought to happen has turned into a well known dialog in the United States. I see upsides and downsides for both sides. Mandatory least have filled the correctional facilites and penitentiaries with an excess of peaceful, first time guilty parties which brings about prison/jail packing and more obligation. President Obama expressed in a discourse "We have to lower long obligatory least sentences or dispose of them totally. " Opponents of compulsory least sentences contend that: Minority litigants are excessively detained contrasted with Caucasian respondents under the compulsory least…

    • 248 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Commerce law assessment task 3- Lachlan O’Malley Mandatory Sentencing in New South Wales 1. Mandatory Sentencing- a mandatory sentence is a court decision where legal discretion is limited by law. Most frequently, people convicted of certain crimes such as armed robbery or murder must be punished with at least a minimum number of years set in prison. 2.…

    • 1265 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    A jury may also exercise the sentencing guidelines are usually imposed by the judge in most cases, but sentencing or it can be mandated by a statue; such as, mandatory prison sentence for certain crimes. There are various forms of sentences that are to be reviewed: concurrent and consecutive sentences, good time, sentencing sanctions, sentencing models, indeterminate sentences, determine sentences, structured sentences, feral sentencing guidelines, mandatory minimum sentences, and that of the three-strikes laws. The issue with concurrent and consecutive sentences is that concurrent sentences allow for than one sentence to be served at the same time as the others, while consecutive sentences only allow for one sentence to be served at a time, this is good in the case that there…

    • 848 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    The primary reason why the policymakers and voters are choosing intermediate sanctions for the non-violent and low-risk offenders is financial constraints and the high costs of prisons (Schmalleger & Smykla, 2015). For example, the support of intermediate sanctions is the fact that prisons are ineffective at rehabilitating prisoners with half of the prisoners released being expected return to prison within three years due to new offenses. The voters also believe too many people are in prison and this is unnecessary considering the costs and the non-violent nature of some convictions. References Schmalleger, F., & Smykla, J. O. (2015). Corrections in the 21st century (7th ed.).…

    • 109 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    An escape from the tyranny of an oppressive king was the cornerstone of the the founding fathers drafting of the Constitution. All men are created equal and in turn should be afforded equal justice. However, legislation from both the federal and state governments could threaten that very premise. Three strikes sentencing laws seek to break a cycle of recidivism from career criminals, but ensnare minorities and the poor at a disproportionate rate when compared to those not in need and whites in the United States. In order to understand the how these laws affect minorities and the poor it is important to first understand the history behind why governments pass such harsh sentencing laws.…

    • 1674 Words
    • 7 Pages
    Great Essays
  • Decent Essays

    Research has shown that violations contribute to high incarceration rates. Restricting the use of prison violations will allow a non-violent offender to be given a second chance. Missing a drug test, missing a meeting with their parole officer, moving without informing the parole officer would be forgiven. In addition, neglecting to pay fines or missing work would be forgiven. Restricting less technical violations could prevent high incarceration rates and decrease the number of people incarcerated for technical violations.…

    • 142 Words
    • 1 Pages
    Decent Essays
  • Superior Essays

    One can see, while created with good intentions, mandatory minimums have proven only to hurt rather than help. Mandatory minimums have been around in some fashion throughout history. Death or banishment were the typical punishments unless the offender was pardoned (Doyle, 2013). During the very first congress, a series of mandatory minimums were…

    • 1206 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The issues in federal sentencing plan to alleviate the disparities in sentencing. Usually, the guidelines are often misused in the imposition of extreme sentences on persons who have a crime that does not deserve long-term prison or sentencing. This results in overcrowding in the prisons. The overcrowding comes as a result that most of the criminals are subjected to long-term prisons having committed crimes that do not deserve sentencing hence overcrowding example in Canada. There is the issue that some of the judges treat these guidelines as fast and hard rules that are imposed against a criminal especially the drug offenders.…

    • 299 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Sentencing Case Study

    • 251 Words
    • 2 Pages

    The judge’s role of sentencing defendants is likely the most difficult due to the effects punishment has individual’s lives. However, there are aspects which impact judge’s decision making when imposing sentencing. These factors are “statutory provision, …philosophical rationales, organizational considerations, …presentence investigation reports[,] and… personal characteristics” (Bohm, & Haley, 2014, p.322). The statutory requirements allow judges the guidelines to ascertain what allowable punishments fit the crime(s) committed (Bohm, & Haley, 2014).…

    • 251 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    To sum it all, the other demerit of community sentencing is that they are less high profile. Prison sentencing is considered the most severe punishment that the society or government gives to law breakers. Therefore, the type of sentencing that is used acts as a barometer of gauging how serious the government and the society take crime. Since community sentencing does not have the symbolic power of orison, it could imply that the society tolerates crime (Calvi and Coleman,…

    • 1288 Words
    • 6 Pages
    Improved Essays
  • Superior Essays

    These provisions are necessary for the sentencing procedures to ensure that judgments ae not biased and determined solely by the legal…

    • 796 Words
    • 4 Pages
    Superior Essays
  • Great Essays

    The United States of America has the highest rate of people incarcerated compared to the rest of the world, but do most people who are incarcerated deserve that form of punishment? The two forms (ideas) of legal punishment that will be discussed are the Retributive theory of punishment and the Utilitarian theory of punishment, which are quite different when it comes the type of punishment’s that should be enforced on people who commit a crime. The following paragraphs will first define (explain) what the two theories are, followed by possible objections and replies to both theories. Finally I will argue why I think that the Utilitarian theory of punishment is the more plausible form of punishment.…

    • 1771 Words
    • 8 Pages
    Great Essays
  • Superior Essays

    Causes Of Prison Overcrowding

    • 1400 Words
    • 6 Pages
    • 4 Works Cited

    It was designed to have criminals serve majority of their sentence in jail then on the street. Before the act was passed offenders were serving a substantially less time in jail then what the courts ordered. Since offenders were being released so easily States shifted to determinate sentencing which required a mandatory minimum sentencing guideline in the 1980s. This transition kept offenders behind bars for more time and is one of the main causes of the overcrowding of prisons. The budget cannot currently support the increasing numbers of inmates entering the jails.…

    • 1400 Words
    • 6 Pages
    • 4 Works Cited
    Superior Essays
  • Superior Essays

    There are many ways in which a judge and/or jury may decide to punish someone who has broken the law. However, to determine which punishment should be delivered to a certain criminal depends on a number of things. Judges have to consider the seriousness of the crime that was committed, if the offender is more or less likely to commit a crime again before they decide the sentencing of the criminal, and if the criminal is a direct threat to society. The punishment may be as simple as a fine or it could mean their life. One example of a punishment that is commonly used by judges is the issuing of fines.…

    • 1369 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    Prisons are designed to house convicted, adult felons serving a sentence of one year or more. Without prisons there would be chaos throughout the streets. Prisons are mostly new to criminal justice and corrections. Without prison systems there would be capital punishment and public humiliation. There needed to be a more humane and efficient way to punish and reform criminals.…

    • 1221 Words
    • 5 Pages
    Superior Essays