Preview

mandatory minimum sentence

Better Essays
Open Document
Open Document
1364 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
mandatory minimum sentence
English Composition II

Research Paper

A mandatory minimum sentence occurs when judicial discretions are limited by law (Famm). Those who are convicted of certain crimes must be punished with at least the minimum number of years depending on the offense. Amanda Dollak who received her criminal justice degree at CTU, states “Mandatory sentences require every individual to receive the same punishment for similar offenses, regardless of how much a judge may object to the sentence”. These mandatory sentencing laws however vary from state to state, and in other countries. In 1994 California introduced a policy called “3 strikes you’re out”, which meant after a third criminal conviction the arrested person would be sentenced to life in prison (Friedman 109). Soon after California enacted its policy, other states and countries also adopted similar policies. Since then other forms of mandatory sentencing have been established for example, in Britain the mandatory minimum sentence after a third conviction for burglary, is three years in prison (Carrillo). Today there are now mandatory minimum sentences for all types of crimes including possession of a weapon, drugs, and rape.
Mandatory sentencing and increased punishment were enacted in 1952, when the United States Congress passed the Boggs Act (Carrillo). One of the main reasons Congress enacted mandatory minimum prison sentences was due to the high levels of drug trades between Mexico and the United States (Risley). The Boggs Act made first time marijuana possession a felony and the sentence was a mandatory 2-10 years and a fine of $20,000 depending on the quantity a person had. In 1970 Congress repealed that law stating the bill was too harsh for people who had small quantities of marijuana in their possession but enough to receive the mandatory sentence (Carrillo). Since then, there have been many changes to the mandatory minimum sentencing law. The mandatory sentence was geared to be

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Beginning in the early 1990s, states began to enact mandatory sentencing laws for repeat criminal offenders. These statutes came to be known as "three strikes laws," because they were invoked when offenders committed their third offense. By 2003 over half the states and the federal government had enacted three strikes laws. The belief behind the laws was that getting career criminals off the streets was good public policy. However, incarceration of three strikes inmates for 25 years to life would drive up correctional costs. The U.S. Supreme Court has upheld three strikes laws and has rejected…

    • 234 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Mandatory minimum sentences are another method that was designed to limit judicial discretion while maintaining a “get tough on crime” approach. Mandatory sentences are sentences where all people convicted of certain crimes will be punished equally with a set minimum prison term. I believe the intentions were good when these reforms went into place. I think the intended purpose was to get tough on crime, eliminate bias on the part of the judge, to make criminals think twice about breaking the law, and provide equal punishment to all criminals who commit the same crimes. Unfortunately these sentence guidelines do not allow a judge to take into consideration the first time offender, differentiate the deviance level of the offender, and it does not allow for the judge to tailor a punishment to each individual case. The “drug war” they were trying to control with these sentences has had a backfire effect. The drug lords they were trying to stop are not the ones being affected by the sentences; it is the nonviolent, low-level drug users who are overcrowding the prisons as a result of these sentences.…

    • 602 Words
    • 3 Pages
    Good Essays
  • Better Essays

    3 Strikes laws demand double the standard prison term for a second felony conviction, and mandatory sentences of 25 years to life for a 3rd conviction. For an example of this law in action, lets look at a few hypothetical criminals. Our first villain, lets call him Jerry, is an 18 year old caucasian male from Olympia. He is convicted of armed robbery after holding up a convenience store. After agreeing to a plea bargain, Jerry is sentenced to 2 years in state prison and 3 years probation. Most would agree this is a fair sentence. 6 years later, Jerry is charged with 2nd degree assault after breaking another mans jaw in a fight at a minor league baseball game in Tacoma. His friend Tom is also charged with 2nd degree assault after hitting an innocent bystander with a beer bottle during the same fight. Tom receives a 3 year sentence, followed by a years probation. After a jury trial, Jerry is sentenced to 8 years in prison for the same crime. Why, you may ask. The answer is simple. 3 strikes laws demand that because Jerry has a previous felony conviction, although more than half a decade previous and completely unrelated, he is subject to double the standard sentence for his “2nd Strike”.…

    • 1450 Words
    • 6 Pages
    Better Essays
  • Good Essays

    “Three strikes and you’re out”. This is the all too familiar term we are used to hearing in baseball and in the rules of the law in some states. Most heard of in California. Three strikes sentencing were adopted in 1994. It imposed longer prison sentences for repeat offenders. The law requires a person who is convicted of a felony and who previously has been convicted of one or more violent and/or serious felonies. The main feature of the Three Strikes law is the imposition of a life sentence for any felony conviction, no matter how minor, if the defendant has two prior "serious" felony convictions. "Serious" felonies are defined by the California Penal Code and range from murder and rape to non-confrontational residential burglary and purse-snatching.…

    • 698 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Mandatory minimum sentences have been called both America’s strongest tool and one of its greatest injustices, but here are the facts. Mandatory sentencing laws dictate that when a set amount of narcotics (for example one gram of LSD or 100 grams of heroin) is present the judge is required to sentence no lower than the set minimum (in this case it would be five years). This differs from other criminal cases in that…

    • 1639 Words
    • 7 Pages
    Better Essays
  • Good Essays

    The three strike law became very popular in the 1990s. These statutes are enacted by state government and require the state court to hand down a mandatory and extended sentence to a repeat offender that has committed two or more previous offences. Between 1993 and 1995, 26 states and the federal government passed three strikes laws. The lawmakers were forced to take a second look at the punishment of repeat offenders after the kidnapping and murder of 12-year-old Polly…

    • 884 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Three Strikes law

    • 539 Words
    • 2 Pages

    The “Three Strikes and You’re Out” law is a law that was passed by California Voters in 1994. What this law basically means is that people who have been convicted of three or more serious felonies or violent crimes may end up being sentenced a longer amount of time in prison or even facing life in prison. Violent offenses include murder, robbery of a residence in which a deadly or dangerous weapon is used, rape and other sex offenses. Serious offenses include the same offenses that are considered as violent offenses, but also include other crimes like burglary of a residence and assault with intent to commit a robbery or rape. The concept of this law is just like it is in baseball, the batter has two strikes before striking out on the third and then they’re out. The purpose for this law is to not have repeat criminal offenders. repeat offenders are constantly imprisoned to ensure the safety of the public. This law keeps the criminals off the streets and away so that they won’t commit any more crimes. Not everyone agrees with this law being enacted. There is a lot of controversy going on about it, but it defiantly has its pros and cons.…

    • 539 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Mandatory minimums are laws which require automatic prison terms for certain crimes, such as drug possession. These laws were passed to ensure that individual criminals served long prison sentences. However, there some critics that have voiced their concerns about mandatory minimum penalties in the United States.…

    • 224 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Three Strikes Law

    • 751 Words
    • 4 Pages

    Begun in the 1990s, the Three Strikes Laws are a category of statutes which were enacted in the United States by certain state governments. These laws were enacted to mandate longer periods of imprisonment for persons convicted of a felony on three or more separate offenses. The term is used similar the three strikes and you’re out rule in baseball. This could also be described, as such statutes are most often known, officially as mandatory sentencing laws.…

    • 751 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Every situation in life is unique and has its own set of circumstances. Crime is no different, which is why it often difficult to effectively use policies like mandatory minimum sentences, because not every crime is the same. It is acceptable for their to be some disparity in sentencing for similar crimes, but there still needs to be some consistency. The initiation of mandatory minimum sentences was due in large part to the fact that judges had too much discretion and it led to many similar cases having wildly different sentences.1 There was sound reasoning for enacting mandatory minimum sentences, but they “are the product of good intentions, but good intentions do not always make good policy; good results are also necessary.”1 Mandatory…

    • 1908 Words
    • 8 Pages
    Good Essays
  • Satisfactory Essays

    Generally, the America public doesn't know what factors go into a judge’s decision when sentencing offenders. Keep in mind, judges have life experiences before becoming a judge such as how they were raised as an individual. Furthermore, they could have had experience with a particular crime, either a family member or someone close to them and personal feeling toward the offender. Yet, judges still have human tendencies but have to abide by some guidelines to determine their sentencing.…

    • 170 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Sentencing Proposal

    • 1139 Words
    • 5 Pages

    The last stage of a criminal trial is known as sentencing. During sentencing the convening authority over the criminal court proceedings makes a determination of how the guilty party should be punished. Prior to that determination being made both the defense attorneys and prosecutors may make their arguments as to why or why not the defendant should be punished to the fullest of the law. The judge taking these arguments into consideration makes his or her decision on what type sentence to hand down. While the main goal is to punish those that are found guilty there are five sentencing rationales in use in the American criminal justice system. These rationales are retribution, deterrence, rehabilitation, restoration, and incapacitation. In the case of State v. Stu Dents, the judge will use the rationales of rehabilitation and incapacitation. The defense and prosecutors will make their arguments and propose the type of sentence Mr. Dents should receive which in turn will protect him and society.…

    • 1139 Words
    • 5 Pages
    Better Essays
  • Better Essays

    Three Strikes Law

    • 1342 Words
    • 6 Pages

    The Three Strikes Law has been a subject of much debate since its introduction as a regulation in 1993. The Three Strikes law was enacted in 1994 and is widely recognized as the harshest sentencing law in the United States. “The State of Texas was the first State to enact such a law in 1974.” (Laws.com) California passed its own law enacting a Three Strikes Law that mandates a sentence of 25 years to life for a third felony conviction. The reality of the Three Strikes Law will lead to a significant increase in the nation's already swollen prison population and will cost taxpayers enormous amounts of money. This law is one of the most popular controversial laws because it imposes a mandatory life sentence without parole on offenders convicted of three or more crimes. “Reporters took notes and media crews collected sound bites as Republican Governor Pete Wilson signed into law this popular, yet controversial, sentencing measure.” (Reynolds, 2012)…

    • 1342 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    The war on drugs did not officially take off until the 1980s with president Ronald Reagan. He coined the term “war on drugs”, created the Drug Enforcement Agency, and enacted a court procedure that the country is still feeling the effects of to this day: mandatory minimum sentencing. Mandatory minimum sentencing is a procedure in which a judge must sentence a citizen convicted to a minimum amount of years in prison for a crime regardless of circumstance. Because of this, the amount of prisoners in federal prison has skyrocketed from “only about 25,000” inmates in the 80s to “more than 215,000” as of 2014 (Miles). As a direct result of minimum sentencing, according to the U.S. Sentencing Commission, at least 50% of those incarcerated were convicted on non-violent drug charges. Of those 50%, 27% were convicted for possession of marijuana. This did not stop or discourage drug dealers. What this did was force prisons to begin placing “two or three bunks in a cell, and converting television rooms and open bays into sleeping quarters” (Miles). What this did was waste time and tax dollars to incarcerate non-violent marijuana dealers. What hat this did was send people like Weldon Angelos to jail on a 55 year sentence for just three marijuana sales. A twenty four year old Weldon was sentenced to jail in 2002 after being caught by an undercover cop. His three drug sales were tried as their own separate offences causing the 55 years in prison. Paul Cassell, the judge who made the decision admitted that “that wasn’t the right thing to do” (ABC). It costs roughly $31,000 to keep someone in jail for a year, so why are we spending so much of our money to keep those on marijuana charges locked up for a drug that’s only hard evidence against it is possible complications with short term memory? It is not worth the money to keep these people in prison. If legalization were to happen at the federal level we…

    • 1336 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Life Without Parole

    • 1150 Words
    • 5 Pages

    This essay will consist of many of my ideas and opinions on sentencing teens to life without parole. I agree that teenagers deserve life without parole for heinous crimes like first and second degree murder depending on whether or not the teenage offender planned out their crimes or the crime was committed in the heat of the moment out of anger or sadness. The teens that are in these programs and have lesser sentences should also only have 2 more chances to mess up and commit more crimes before they are sentenced to life without parole. I also believe that all the teens that planned out their crimes should be where they are in prison. There is another reason why teens commit crimes, It is the undeveloped of their frontal lobes of their brains…

    • 1150 Words
    • 5 Pages
    Good Essays