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 In 1970 Congress repealed that law stating the bill was too harsh for people who had small quantities of marijuana in their possession but enough to receive the mandatory sentence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