Why are mandatory minimum sentences bad?
Asked by: Dolores Quigley | Last update: February 4, 2026Score: 4.3/5 (41 votes)
Mandatory minimum sentences are criticized for removing judicial discretion, leading to disproportionately harsh sentences, increasing racial disparities, empowering prosecutors too much, contributing to mass incarceration, and failing to effectively deter crime, all while straining resources and undermining individualized justice. They often force unfair plea bargains and don't account for unique circumstances, making them costly and ineffective for public safety.
Why are mandatory minimum sentences ineffective?
Data shows that mandatory minimum sentencing is not effective in reducing substance use, overdose deaths, or substance-related arrests. Rather, these policies lead to higher rates of incarceration, at a higher cost to taxpayers, all while widening racial disparities within our criminal justice system.
What are the arguments for mandatory minimum sentences?
Mandatory sentences are based on two goals—deterrence and incapacitation. The primary purposes of modest mandatory prison terms (e.g., 3 years for armed rob- bery) are specific deterrence, which applies to already sanctioned offenders, and gen- eral deterrence, which aims to deter pro- spective offenders.
Why are mandatory minimum sentences controversial in Quizlet?
Why are mandatory minimum sentences controversial? Judges cannot consider other factors when sentencing. Sometimes, the punishment is out of proportion to the crime.
What does a mandatory minimum sentence mean?
A mandatory minimum is a sentence, created by Congress or a state legislature, which the court must give to a person convicted of a crime, no matter what the unique circumstances of the offender or the offense are.
Top judge: Mandatory minimum sentences backed by Trump’s AG are ‘bad policy’
What crimes trigger mandatory minimum sentences?
What Crimes Apply to Mandatory Minimum Sentences?
- Drug trafficking.
- Alien smuggling.
- Sex crimes (like aggravated sexual assault, coercing a minor, and sex trafficking)
- Armed criminal charges (like possession of a firearm)
- Child pornography charges.
- Aggravated identity theft.
How do mandatory minimums affect racial disparities?
The impact of minimums differs starkly by race. We found Black people were more likely to be arrested for a felony, and, among those convicted, more likely to suffer imprisonment and more likely to receive a minimum sentence.
What is a major criticism of mandatory sentencing practices?
Arguments against mandatory sentencing include: (1) sentences are often greatly disproportionate to the severity of the offense; (2) the focus on particular kinds of offenses has tended to have a major negative impact upon certain categories of offenders and particular social groups; (3) removing discretion from judges ...
What is the 100 to 1 crack law?
The "100 to 1 crack law" refers to the Anti-Drug Abuse Act of 1986, which created a massive sentencing disparity where possessing 5 grams of crack cocaine triggered the same 5-year mandatory minimum sentence as possessing 500 grams of powder cocaine, a 100:1 ratio, disproportionately affecting Black communities; this disparity was reduced by the Fair Sentencing Act of 2010 to an 18:1 ratio, though some argue it's still unfair.
Why shouldn't we use the term criminal justice system?
It is now common to hear the term “criminal legal system” used instead of “criminal justice system” as a way of highlighting that this system often does not adequately deliver justice for all, particularly for low-income individuals and people of color.
What are the pros of mandatory minimums?
Mandatory Minimum Sentences: The Pros
The perceived benefits of implementing mandatory minimum penalties include the following deterrents: Leads to a decrease in serious crimes. Protects society for a longer period. Reduces unfair sentencing practices and personal biases.
What is the biggest problem facing the criminal justice system today?
The major problems of the Criminal Justice System (CJS) center on systemic inequality (especially racial disparities), mass incarceration, lack of resources/funding, overcrowded prisons, ineffective rehabilitation, and declining public trust, leading to issues like wrongful convictions, prolonged delays, and poor outcomes for offenders and communities, with challenges exacerbated by mental health crises and emerging cybercrimes.
Who started mandatory minimum sentences?
Beginning in the mid-1970s, Congress began to lengthen sentences, culminating in the 1984 Comprehensive Crime Control Act, which established mandatory minimum sentences and eliminated federal parole.
What are the arguments for mandatory minimums?
Mandatory minimum sentencing laws were created to bring more consistency to the criminal justice system. Lawmakers aimed to reduce sentencing disparities by removing judicial discretion and applying fixed penalties to certain crimes.
What is the biggest problem in prisons?
Overcrowding, as well as related problems such as lack of privacy, can also cause or exacerbate mental health problems, and increase rates of violence, self-harm and suicide.
Does stricter punishment reduce crime?
Increasing the severity of punishment does little to deter crime. Laws and policies designed to deter crime by focusing mainly on increasing the severity of punishment are ineffective partly because criminals know little about the sanctions for specific crimes.
What is the difference between 11350 and 11377?
There is very little difference in substance between the statutes, except that unlike section 11350, which is most often charged as a felony (unless the drug is a certain class of barbiturates), section 11377 can be charged as a misdemeanor.
What are mandatory minimum sentences?
Mandatory minimums are legal provisions in each state and the federal government that require a specific minimum prison term for certain crimes, regardless of individual circumstances.
What counts as crack?
The base form of cocaine can be chemically processed to produce forms of cocaine that can be smoked. These forms, known as “freebase” and “crack,” look like crystals or rocks. Cocaine is often used with other drugs, especially alcohol and cannabis.
Why should we eliminate mandatory minimum sentences?
Mandatory minimum sentences are set by state legislatures and Congress, not judges. They require automatic, minimum prison terms for certain crimes, and too often, the mandatory minimum sentence is unjust, irrational, or counterproductive. Mandatory minimums do not deter crime and make the public safer.
Can a judge go below the mandatory minimum?
By nature of the law, judges don't have the discretion to depart downward in cases where mandatory minimum sentences are imposed. However, in some instances, judges may be able to utilize an exception called the "safety valve."
Are mandatory sentencing laws fair?
Decades of evidence show that lengthy, mandatory sentences do not reduce crime, but impose high economic and social costs on taxpayers and families. Mandatory minimum sentencing laws also tend to create unwarranted disparities by treating similar offenders differently and different offenders the same.
Who is most likely to be sentenced most harshly?
A paper examining gender sentencing disparities in a large samples of assault, burglary and drugs offences found that male offenders are subjected to significantly harsher sentences, even when controlling for mitigating factors and case characteristics.
Which race has the highest conviction rate?
There are minimal racial differences in conviction rates. The percent receiving favorable dispositions is slightly higher among Black individuals regardless of prior felony conviction status. Declines to prosecute also are higher for Black and Hispanic individuals.
Are mandatory minimums unconstitutional?
In the United States, several mandatory sentencing laws have been overturned by the Supreme Court for being unconstitutional, and mandatory sentencing has resulted in prison terms that are considered extremely disproportionate compared to the crimes committed.