Essay On Mandatory Sentences

Minimum Mandatory Sentences Minimum mandatory sentences have been established since the inception of our criminal justice system. However, these laws have gained much-needed attention as of late due to the ripple effect it has caused relating to the war on drugs. The war on drugs have been going on since the 1980s, but the use of these laws have created bigger problems in poor communities. These laws have hindered the progression of families and communities. Minimum mandatory sentences are not an effective tool in combatting the issue of controlled substances abuse and trafficking and should be repealed.
History of Minimum mandatory sentences Minimum mandatory penalties have been used since the enactment of the first federal penal laws in the 18th Century. The United States Constitution granted Congress the power to set the punishments for serious offenses, such as
murder and treason, however, there were no federal crimes when the First Congress assembled in New York in 1789 (USSC.gov). The first series of federal offenses were created with the passage of the 1790 Crimes Act. This act specified twenty-three federal crimes, seven of which carried a mandatory death penalty: treason, murder, three offenses relating to piracy, forgery of a public security of the United States, and the rescue of a person convicted of a capital crime (USSC.gov). Some of these crimes remain punishable today under a mandatory penalty. While the passing of the 1790 Crimes Act maintained the death penalty as punishment and other mandatory sentences for less offensive crimes, it served as a departure from the use of the death penalty for all crimes in the early colonial times.
The Sedation Act of 1798, The Logan Act and The 1807 Act The first mandatory minimum terms of imprisonment were enacted by Congress at the end of the 18th Century (USSC.gov). The Sedation Act of 1798 was enacted as a response to the tense relation between the United States and France (USSC.gov). This Act prohibited the citizens from impeding a federal officer through rioting or unlawful assembly. On the other hand, The Logan Act was enacted in 1799 in order to prevent citizens from giving information to foreign powers with the intent to influence the foreign government or “to defeat the measures of the United states” (USSC.gov). The 1807 Act was passed by Congress in an effort to curtail the importation of slaves. Offenses relating to the importation and smuggling of slaves carried a mandatory penalty of at least two and five years of imprisonment (USSC.gov). Many other Acts have been enacted regarding minimum mandatory penalties, all pertaining to the crimes of the era since laws change according to the changes of the society they serve.
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 resulted in the enactment of the Comprehensive Drug Abuse Prevention and Control Act of 1970, which repealed almost all mandatory penalties for drug offenses (USSC.gov). However, with the surge of drug-related offenses in the 1980s came a shift in sentencing laws from rehabilitative to more punitive. These issues led to the enactment of The Anti-Drug Act of 1986. This Act established quantities for various drugs that triggered mandatory sentences that ranged from five years to life in prison. This Act had been the lead runner regarding the issue of drug offenses and the punitive measures taken against offenders. The Anti-Drug Act of 1986 used the quantity of drugs as a measure of the time a person should spend in prison. However, in 2010 the Fair Sentencing Act was enacted which repealed the mandatory minimum sentences for crack cocaine offenses (USSC.gov). This act also increased the quantity needed for certain mandatory sentences to be
triggered.
Problems arising from mandatory sentences The issue of mandatory sentences for drug offenses has created many other problems. Some issues are internal while others are external.