NCJ Number
145182
Journal
National Prison Project Journal Volume: 8 Issue: 3 Dated: (July 1993) Pages: 3-6
Date Published
1993
Length
4 pages
Annotation
Mandatory sentences should be repealed, because they contribute to prison overcrowding, irrational sentencing, racial disparities in sentencing, and exorbitant criminal justice costs.
Abstract
Growing public frustration with crime and the heroin epidemic of the 1970's fueled the Federal Government's "war on drugs." The resurrection of mandatory sentences for drug offenses was an important component of this "war." By 1983, 49 of the 50 States had passed mandatory minimum provisions. The following year, Congress began re-enacting compulsory sentencing laws. Since then, the Federal Government has enacted mandatory minimum sentences on the average of every 2 years. These laws have unleashed a virtual "Pandora's box" of evils. These evils include the elimination of judicial discretion in sentencing, blind adherence to sentencing, racial disparity in sentencing, and prison overcrowding. Opposition to mandatory minimum sentences has mounted within the last 2 years. Federal judges surveyed as part of the 1991 Sentencing Commission report stated that mandatory minimum sentences are too harsh. The U.S. Judicial Conference and all 12 circuit courts of appeal have passed resolutions that oppose the concept of mandatory minimum sentences. Mandatory minimum sentences, particularly for drug offenses, unfairly devastate the lives and families of nonviolent minor offenders, make little impact on drug trafficking and use, and needlessly overburden the criminal justice system. 24 notes