Sentencing

mechanisms was only a small indicator of what was to come next. The controversial Anti-Drug Abuse Act of 1986 introduced mandatory minimum sentencing for drug possession and distribution (Alexander, 2010). Controversy did not rise from the idea of mandatory minimum sentencing, but rather the obvious racial bias which arose from the disparities between sentencing for cocaine and crack. This legislation created a five-year mandatory minimum for possession of five grams of crack cocaine, yet to…

The Flaws In The Three Strikes Law The Three Strikes Law was originally enacted in 1994 in California. The law came about in 1992 when a young innocent girl named Kimber Reynolds from Fresno was murdered in an attempted purse snatching by two convicts who had previously just finished serving their times in prison. Immediate after the death of Kimber, her father Mike was inspired to take action to help prevent innocent people from getting harmed by criminals. Mike Reynolds and his group put…

tough laws, these sentencing minimums were enacted across the country due to increasing crime rates. However, in certain states, lawmakers and taxpayers are beginning to see that these laws cost more than they help. In Tallahassee, Florida, a twenty-five-year drug sentence for selling thirty-five pills for $300 will cost taxpayers an average of $18,064 per year, or $451,600 by the time the offender is released (Klas, 2017). Others will argue that mandatory minimums increase sentencing disparity…

incarcerated for it? During colonial times, criminal sentencing in America was introduced initially on retribution and then later on in prevention. By the late 1800s, sentencing in America had become dominated by rehabilitation. The goal of criminal punishment was to transform the offender by changing their ability to commit crime again. In order to accomplish this, sentencing needed to be uniquely flexible per individual. This led to “intermediate sentencing,” named because the exact term of…

In the early 1970's, a vast number of states transformed their sentencing protocol to new methods that seemed to be more structured as the concerns arose in the criminal justice system (Gregory & Leymon, 2010). Judicial discretion can impact determinate and indeterminate sentences as the power remains among the judge as to the severity of the sentence that will be carried out. "The forms of sentencing sanctions available to judges vary from jurisdiction to jurisdiction, but generally include…

Sentencing Disparity among Men and Women Does sentencing disparity exist among men in women who are being sentence for violent, property, and drug offenses? Is sentencing disparity based on race or what ethnic group you belong to? Does judicial bias really take place in the sentencing process? If you are convicted of a crime, the best thing you can having going for you is your gender. Fair sentencing is individualized sentencing. Unwarranted disparity is defined as different treatment of…

alone in the quest to reestablish how minimum mandatory sentencing is carried out and in some circumstances, avoided completely. Professor William G. Otis is a law professor at Georgetown University and former federal prosecutor who served as Special Counsel Member to President George H. W. Bush. In a similar tone to Cassell, Otis in his article "Should Mandatory Minimum Laws Be Repealed?" explores the concept of minimum mandatory sentencing from the perspective of the federal legislature’s lack…

Sentencing a juvenile life in prison without parole is depriving them of their rights and is clearly hypocritical. The minority who are pro sentencing them to life without parole don't take into consideration the possibility there is in enlightening these kids in becoming better citizens and learning from their mistakes. The reason why I consider the sentencing hypocritical is due to the way society treats juveniles and classifies them as “kids” until they commit a crime. I am in full agreement…

more options than one to fit certain crimes committed in these modern times. Consequently, criminals commit crimes in different ways, therefore causing the repercussions and punishment to come in different volumes of the sentencing. Nevertheless, "within the framework of sentencing options, there are two polar extremes: probation and prison, and probation is generally considered the sentence option for less serious offenses, and individuals with less serious criminal histories: nevertheless,…

Prison overcrowding has become a major problem in the United States. As per, Issues and Controversies, “The United States has only 5 percent of the world’s population, but holds 25 percent of the world’s prisoners.” Housing the growing prison population is putting a strain on the federal government’s budget, costing roughly $80 billion a year. Crime rates are down, but prison populations are a growing concern. In light of these facts, we need to explore ways of reducing crime that does not…