Mandatory Sentencing, Essay Example

Mandatory sentencing is automatic sentencing of individuals convicted of certain crimes. Depending on the crime, mandatory sentencing results in a minimum number of prison years that may or may not be accompanied by monetary fines. Congress enacted the mandatory minimum sentencing laws in 1986 to impose the mandatory minimum sentence (USlegal.com).

Like other laws, mandatory sentencing has attracted close scrutiny and has its fair share of supporters as well as opponents. One of the pros of the mandatory sentencing is that mandatory sentencing may serve as a serious deterrent against involvement in certain crimes such as illegal drugs production and distribution because the punishments are often harsh even when the crime is done on a small scale. Another benefit is that because the criminals are put in prison for long periods, it means they will not be able to pose risk to the society during that period. It also promotes a sense of just punishment because individuals who commit similar crimes often receive similar punishments. One of the cons of mandatory sentencing are that it takes away the flexibility in the judicial process of prosecuting and sentencing individuals that also considers circumstances unique to the criminal and the crime. Another con is that even though mandatory sentencing is a popular political position, studies have shown that it has failed to achieve its objectives of curtailing drug use or drug related crimes. In addition, the nation’s prisons are overcrowded and mandatory sentencing only adds unnecessary financial burden on the prison system(Montaldo).

I do not agree with mandatory sentencing because it’s difficult for a law to be ‘one size fits all’ solution to criminal cases. In addition, a better alternative may be to refer those with minor crimes to treatment and educational programs that may actually make difference and also help lessen the burden on the overcrowded prisons. In addition, the prescribed sentencing is sometimes irrational. For e.g. the compulsory sentencing for the possession of 5.0 grams of cocaine base is 5 years while the possession of 4.9 grams results in relatively short sentencing (Luna, 2010).

References

Luna, E. (2010, May 27). Mandatory Minimum Sentencing Provisions Under Federal Law. Retrieved July 25, 2011, from http://www.cato.org/pub_display.php?pub_id=12214

Montaldo, C. (n.d.). Mandatory Drug Sentencing Laws. Retrieved July 25, 2011, from http://crime.about.com/od/issues/i/drug_sentence_2.htm

USlegal.com. (n.d.). Mandatory Minimum Sentence Law & Legal Definition. Retrieved July 25, 2011, from http://definitions.uslegal.com/m/mandatory-minimum-sentence/