Mandatory Minimum Sentences for Drug Offenders

Paper Summary:

Mandatory sentences are decisions that limit judicial discretion by setting the minimum punishment that must be inflicted on a person convicted of a crime. The paper focuses specifically on these mandatory minimum sentences as they apply to drug-related offenses, with special emphasis on sentencing for powder cocaine as it compares to sentencing for crack cocaine. The paper describes these mandatory minimum sentencing guidelines, shows the arguments in support of and in opposition to these guidelines, before finally describing the author's own position on the matter.

From the Paper:

"In areas where drug offenses are common, there is a concern that judges and other law enforcement officials may become desensitized to the seriousness of the offenses, simply because they happen so often. For this reason, mandatory minimums can prevent this trivialization of drug crimes, by ensuring that despite a judge's personal feelings towards drug use or sympathy for a defendant, said defendant would not be given a lesser punishment. There is also a belief among supporters of mandatory minimums that in jurisdictions saturated with drug use, offenders may be viewed in a less harsh light because "everybody does it". Some fear this attitude might cause judges, especially those with many years on the bench, to be more lenient. With the original thinking of mandatory minimums stemming from "Comprehensive Crime Control," leniency would be an undesirable outcome. The Comprehensive Crime Control Act was designed to show that drug offenses are intolerable, and that anyone violating drug laws will certainly be punished. Mandatory minimums prevent criminals from being treated like anything other than criminals."

Sample of Sources Used:

• Barkan, S & Bryjak, G. (2004). Fundamentals of Criminal Justice. Boston, MA. Pearson Education.
• Crack vs. Powder Cocaine: Mandatory Minimum Drug Penalties. (2003). Congressional Digest, 82.
• DiIulio, J. Against Mandatory Minimums (1999). National Review, 51.
• Families Against Mandatory Minimums: Profiles of Injustice. Tammi Bloom's Profile used with permission.
• Gaskins, S. (2004). "Women of Circumstance" - The Effects of Mandatory Minimum Drug Sentencing on Women Minimally Involved in Drug Crimes. American Criminal Law Review, 41, 1533-1553.

More papers on Mandatory Minimum Sentences for Drug Offenders:

• Argumentative Essay # 62817 : "Federal Drug Offenders' Sentencing Guidelines"
• Dissertation or Thesis # 108501 : "The Anti-Drug Abuse Act of 1986"
• Argumentative Essay # 63079 : "The Rockefeller Drug Laws"

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