STATEMENT OF HENRY R WRAY BEFORE THE HOUSE OF REPRESENTATIVES SUBCOMMITTEE ON CRIME AND CRIMINAL JUSTICE: MANDATORY MINIMUM SENTENCES: ARE THEY BEING IMPOSED AND WHO IS RECEIVING THEM?

• NCJ Number: 144853
• Author(s): H R Wray
• Date Published: 1993
• Length: 20 pages
• Corporate Author: US Government Accountability Office
• Sale Source: Azimuth Inc.; National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

A review of 595 Federal cases in which an offender was convicted of an offense carrying a mandatory minimum sentence revealed that 85 percent of the offenders received at least the statutory minimum sentence.

Abstract

In the remaining cases, the sentence imposed was less than the mandatory minimum sentence as a result of a substantial assistance motion being filed by the prosecution and a corresponding departure from the minimum granted by the judge. The frequency with which substantial assistance motions were filed and departures were granted varied among the eight judicial districts studied. Factors influencing whether mandatory minimum charges are brought in specific cases include the quality of the evidence, plea negotiations, and district charging practices and policies. The study involved 900 cases, 595 of which involved cases concerning drugs, firearms, or both and carrying a mandatory minimum sentence. In approximately 70 percent of the drug cases, the guidelines sentencing range was longer than the mandatory minimum as was the sentence imposed. Offenders receiving mandatory minimum sentences tended to be males between the ages of 21 and 40. In four districts, the majority were first-time offenders; in one district, almost 80 percent were repeat offenders. Hispanics were most often involved in five districts, blacks in two districts, and whites in one district. Footnotes and appended tables