NCJ Number
201530
Journal
Criminal Justice and Behavior Volume: 30 Issue: 4 Dated: August 2003 Pages: 483-508
Date Published
August 2003
Length
26 pages
Annotation
This article reviews the international research literature concerning public opinion regarding mandatory sentencing laws.
Abstract
During the 1990’s western nations around the world instituted mandatory sentencing policies that greatly curtailed judicial discretion. Public support for mandatory sentencing is widely touted as justification for such laws. Not surprisingly, politicians espouse support for mandatory sentencing when running for public office. Despite these trends, scientifically valid surveys of public opinion regarding mandatory sentencing laws are not cited to support mandatory sentencing policies. This article reviews the international literature about mandatory sentencing laws which reveal that the public is divided about mandatory sentencing. Findings from the international survey research indicate that the public is more supportive of proportionate sentencing than they are for the utilitarian correctional goals of deterrence or incapacitation. Additionally, the survey data suggested that the political advantage of espousing mandatory sentencing laws is overstated. The author concludes that mandatory sentencing laws curtail the court’s ability to impose proportional sentences, which survey research shows the public is more in favor of than the punitive sentencing goals of denunciation and deterrence. References