NCJ Number
144879
Journal
ABA Journal Volume: 79 Dated: (October 1993) Pages: 74-77
Date Published
1993
Length
4 pages
Annotation
Arguments against mandatory minimum sentences are discussed in the context of U.S. Sentencing Guidelines and the Sentencing Reform Act of 1984.
Abstract
Federal sentencing guidelines establish base sentences for almost every Federal crime, specify reasons for adjusting a defendant's sentence up or down from the base, and describe the procedures for factoring in a defendant's prior record. Judges must then provide an explanation when they depart from the guideline sentence. Critics of mandatory minimum sentences charge that the sentences are inherently unfair because they prevent the use of sentencing guideline adjustments and departures and prevent judges from considering a defendant's individual circumstances. In addition, with the increase in drug offenses, critics charge that mandatory minimum sentences have put more people in overcrowded prisons. The U.S. Sentencing Commission opposes mandatory sentences, and still others believe that mandatory minimums impose unduly harsh punishment on first-time offenders. The American Bar Association also opposes mandatory minimums because they take away judicial discretion and treat all defendants interchangeably. Another criticism is that mandatory minimum sentences appear to affect minorities more than whites. Attorney General Reno maintains that mandatory sentences overload limited criminal justice resources and that the incarceration of drug offenders allows serious criminals to leave custody. Issues associated with mandatory sentences will continue to be debated by Congress, other government agencies, and private organizations.