Law enforcement officials and legislators are constantly attempting to highlight their goals to make everyone safe. Removing criminals from the streets and drugs out of the hands of school children are often cited as objectives. The two major political parties will often accuse one another of being too soft on criminals. It’s this line of thinking that led many politicians to demonstrate to their constituents that they’re tough on crime. And it’s this line of thinking that led to mandatory minimum sentences. But what are mandatory minimum sentences exactly? What criminal acts lead to these form of sentencing? Is it possible to appeal these sentences? These are all common questions that those facing sentencing will have. Below we discuss the answers to these questions and more to help you understand the legal details behind mandatory minimum sentences.
What are Mandatory Minimum Sentences?
The idea of mandatory minimum sentences started back in the 1980s with acting politicians wanting to prove their “tough on crime” agendas. In 1986 an anti-drug bill was introduced that presented the first idea of mandatory minimum sentences. Soon, it became a law. All judges were required to provide a pre-determined sentence for certain crimes. Which brings us to the basic definition of a mandatory minimum sentence: a set minimum amount of time that offenders must serve that is determined by Congress, not by the judicial system.
Mandatory minimums will vary by state. Judges use guidelines and manuals provided by Congress to determine what the minimum sentence should be. For instance, they will reference a Drug Quantity Table to find the appropriate sentence for drug possession. The legislative branch assumed that this would help in a number of different ways. They thought mandatory minimums would speed up the sentencing process and make time served more balanced across the board. Unfortunately, over the years, mandatory minimums have proven to cause more problems than they had previously anticipated.
What Crimes Are Associated with Mandatory Minimum Sentencing?
Remember, these mandatory minimums were originally created with the idea of protecting citizens. They assumed that any crime with an intention to hurt or corrupt an innocent person would be eligible for mandatory minimum sentencing. That’s why most of the crimes associated with mandatory minimums involve some form of a moral misconduct. Drug offenses are some of the most common types of crimes that involve mandatory minimum sentences. Others will include illegal gun sales or possession, pornography, or theft. Unfortunately, mandatory minimums have become infamous for being racially imbalanced, unfair, and unjust. For instance, much attention has been given to the disproportionate sentences involving crack versus cocaine. There are numerous instances of nonviolent drug offenders receiving sentences that don’t match the crime. Many criminal justice reform advocates are pushing for an end to mandatory minimum sentencing.
Can a Judge Lessen the Sentence?
One of the major issues with mandatory minimum sentencing is the fact that, by law, the judge cannot lessen the sentence. The judge has no right to use his or her own discretion in these circumstances. Because of this, more and more attention has been given to arguments against mandatory minimums. Currently, there’s bipartisan support to revisit these laws and revise them to make them fairer. Many lawmakers and civil rights advocates are pushing to do away with mandatory minimums altogether. However, that doesn’t mean that it’s entirely impossible to have a mandatory minimum sentence waived or lessened. In certain cases, criminal defense attorneys will negotiate with state attorneys to have the minimum sentence waived. If a mandatory minimum sentence is granted, it is possible to appeal. Unfortunately, these appeals are often unsuccessful, due to the weight of the law.
For More Information on Mandatory Minimum Sentencing
While this article may explain a lot, it’s just a brief overview of the history and legal implications of mandatory minimum sentences. Many offenders are facing excessive time for non-violent crimes and many criminal defense attorneys are looking to do something about it. There are various names of offenders which are gaining more and more public attention for the absurdity of their sentence. Some offenders are currently serving 15-25 years of prison time for a single sale of crack cocaine. This not only infuriates judges and lawyers, but taxpayers are also increasingly concerned with these sentences. It is indeed the taxpayer who often foots the bill for this.
When most of these offenders should be in drug rehab or alcohol treatment programs, they’re facing unfair sentencing that can completely destroy their lives. It’s imperative to get experienced criminal defense attorneys involved with these cases. If you or someone you know is facing a mandatory minimum sentence for a non-violent crime, contact an attorney. If you feel as though your sentence does not match the crime, it’s important to have an attorney to explain your options. Call the offices of a trusted criminal defense attorney today to learn more.
