The seizure of 3,906 pounds of cocaine, valued then at over $100 million wholesale, from a Miami International Airport hangar on March 9, 1982, brought about the public's awareness of the Medellin Cartel, Colombian drug traffickers working together, and changed U.S. law enforcement's approach towards the drug trade. Pros--Judges have limited, if any, discretion so everyone is treated the same which can be good and can be bad. Supporters of mandatory minimums view it as a way to deter drug distribution and use by extending the time that a criminal is incarcerated therefore preventing them from committing more drug-related crimes. The bust also sparked new life into the War on Drugs. ThoughtCo, Aug. 27, 2020, thoughtco.com/mandatory-drug-sentencing-laws-972228. https://www.thoughtco.com/mandatory-drug-sentencing-laws-972228 (accessed February 23, 2021). Latest Developments In Mandatory Minimums. 1. The three strikes law pros and cons show that it can provide a just result when applied appropriately. Mandatory sentencing legislation was introduced in the 1990s in the Northern Territory and Western Australia. Mandatory sentencing has been observed in a variety of jurisdictions as a deterrent for criminals to repeat their offences. View Lesson 6 Assignment.rtf from CRIJ 1301 at Central Texas College. For mandatory sentencing, it helps create a standard of justice that can be applied equally to all parties that are charged with similar crimes. Pros and Cons of Legalizing Marijuana in the U.S. Overview of the Sentencing Stage in Criminal Cases, The Black Codes and Why They Still Matter Today, Statistics from the War on Drugs Tell a Story, What Is Double Jeopardy? It has also been incorporated into certain statutes to stop specific crimes from happening, such as those related to drugs or guns. This sentence can involve any type of consequence, it normally refers to prison sentencing. When mandatory sentencing was first implemented in the US justice system in the 1980s, there was a significant decline in crime throughout all categories as the sentences were handed down. "Mandatory Drug Sentencing Laws." List of the Cons of Mandatory Minimum Sentences. 1. Mandatory minimum sentences were established as the response to complaints from politicians and the public that offenders weren’t serving long enough terms for their convictions. In the United States, 300 million people will each have a unique opinion on any... 2. In reaction to an increase in the amount of cocaine being smuggled into the United States and cocaine addiction epidemic proportions in the 1980s, the U.S. Congress and many state legislatures adopted new laws that stiffened the penalties for anyone convicted of trafficking certain illegal drugs. Mandatory Sentencing Pros And Cons. Judges need to have the discretion to weigh the specifics of the cases before them and determine an appropriate sentence. The high cost of incarceration and the small results that it has shown in fighting the war on drugs, show that such money would be better spent on shorter sentencing and drug rehabilitation programs. These laws made jail terms mandatory for drug dealers and anyone in possession of certain amounts of illegal drugs. Ineffective When it comes to crime reduction, critics say that mandatory minimum sentences are not helping to reduce crimes. It eliminates the sympathy factor. More mandatory drug sentences are being proposed. Charles Montaldo is a writer and former licensed private detective who worked with law enforcement and insurance firms investigating crime and fraud. ThoughtCo. There is a reason we give judges a gavel, not a rubber stamp". Pros And Cons Of Mandatory Minimum Sentencing 2594 Words | 11 Pages. Chapter 9 1. 3. "In too many cases, mandatory minimum sentences are unwise and unjust," he said and encouraged the bar to be leaders in the search for justice in sentencing and in racial inequities. Legal Definition and Examples, What Is Racketeering? Mandatory minimum sentences are also frequently arbitrary because they are based solely on ‘offense characteristics’ and ignore ‘offender characteristics.’ What's the Difference Between Probation and Parole. The bill is designed to increase mandatory sentences for specific drug offenses. Mandatory sentencing is a predetermined punishment for specific crimes that takes the discretion of sentencing out of the judge’s hands. Sentencing used to be in the hands of a jury or judge, but with mandatory sentencing, a guilty verdict would mean that prosecutors are given more control of the sentence the offenders would receive. 2) Criminals will know what punishment they will get if they commit a crime, so it may stop them from committing it. Mandatory minimum sentences raise serious issues of public policy and routinely result in excessively severe sentences. All Australian states and territories have mandatory sentences, most of them introduced life imprisonment for murder after the death penalty’s abolition but, over time, most jurisdictions adjusted the minimum penalty. Opponents to the mandatory sentencing feel that such punishment is unjust and does not allow for flexibility in the judicial process of prosecuting and sentencing individuals. This article presents a couple interesting points about the pros and cons of mandatory minimums. There is … In states where these drug courts have been established, officials are finding this approach to be a more effective way of approaching the drug problem. It encourages an environment where coercion exists. Definition and Examples, The First 10 Amendments to the Constitution, Timeline of Gun Control in the United States. Under this sentencing, the offender must serve a minimum number of years in prison. Lv 6. Sentencing used to be in the hands of a jury or judge, but with mandatory sentencing, a guilty verdict would mean that prosecutors are given more control of the sentence the offenders would receive. custodial sentences. 2. Understanding Organized Crime and the RICO Act, What Is Extradition? An example of a mandatory sentence is the "three strikes rule. I think the author made a strong point when discussing how mandatory minimums remove some discretion from the prosecution. What Are the Pros of Mandatory Minimum Sentences? They deal with so many things and the number of times they get it wrong, I would suggest, are very much in the minority. They see these laws as part of a system of systemic racism which oppresses people of color. It helps with decreasing crime. Montaldo, Charles. 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