Mandatory sentencing

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A mandatory sentence is a court decision setting where judicial discretion is limited by law. Typically, people convicted of certain crimes must be punished with at least a minimum number of years in prison. Mandatory sentencing laws vary from country to country.

Contents

[edit] History

In 1973, New York State introduced mandatory minimum sentences of 15 years to life imprisonment for possession of more than four ounces (103g) of a hard drug.[citation needed] Similar laws were introduced across the United States[citation needed], and at the Federal level, the United States federal courts are guided by the Federal Sentencing Guidelines.[1] See War on Drugs for more information about U.S. drug laws.

Both Singapore and Malaysia have mandatory death penalty for certain offences, most notably the possession of a certain amount of illegal drugs.[citation needed] (See Capital punishment in Singapore). In the past Taiwan also had a large number of offences that carried a mandatory death penalty, although most of these laws have been relaxed somewhat in recent years.[citation needed]

[edit] Three strikes law

Main article: Three strikes law

In 1994, [California] introduced a "three strikes law", which was the first mandatory sentencing law to gain widespread publicity. Similar laws were subsequently adopted in most United States jurisdictions. The law requires imprisonment for a minimum term of 25 years after a defendant is convicted of a third serious felony.

A similar 'three strikes' policy was introduced to the United Kingdom by the Labour government in 1997.[1] This legislation enacted a mandatory life sentence on a conviction for a second "serious" violent or sexual offence (i.e. a 'two strikes' law), a minimum sentence of seven years for those convicted for a third time of a drug trafficking offence involving a class A drug, and a mandatory minimum sentence of three years for those convicted for the third time of burglary. An amendment by the Labour opposition established that mandatory sentences should not be imposed if the judge considered it unjust.

According to figures released by the British government in 2005, just three drug dealers and eight burglars received mandatory sentences in the next seven years, because judges thought a longer sentence was unjust in all other drug and burglary cases where the defendant was found guilty. However in 2003 a new 'two strikes' law was enacted (effective April 4, 2005), requiring courts to presume that a criminal who commits his second violent or dangerous offence deserves a life sentence unless the judge is satisfied that the defendant is not a danger to the public.[2] This resulted in far more life sentences than the 1997 legislation. In reponse to prison overcrowding, the law was changed in 2008 to reduce the number of such sentences being passed, by restoring judicial discretion and abolishing the presumption that a repeat offender is dangerous.

Australia’s Northern Territory in March 1997 introduced mandatory sentences of one month to one year for the third offence regarding property and theft. They were later adopted by Western Australia.

[edit] Arguments for and against mandatory sentencing

Adherents of mandatory sentencing believe that it reduces crime and ensures uniformity in sentencing. Potential criminals and repeat offenders are expected to avoid crime because they can be certain of their sentence if they are caught.

Opponents of mandatory sentencing argue that judges lose control over sentencing and cannot apply discretion given the particular facts of a case (i.e. whether a drug defendant was a kingpin or low-level participant). In addition to fairness arguments, they believe that treatment is more cost-effective than long sentences. They also cite a survey indicating that the public now prefers judicial discretion to mandatory minimums. [3]

Australia, Mexico, New Zealand and some other countries employ a system of mandatory restorative justice, in which the criminal must apologize to the victim or provide some form of reparation instead of being imprisoned for minor crimes. In serious crimes, some other form of punishment is still used.

[edit] People sentenced to mandatory sentences

  • Morton Berger - (200 years for twenty counts of sexual exploitation of a minor)
  • Genarlow Wilson - (ten years for aggravated child molestation; released in 2007 after serving one year)
  • Chantal McCorkle - (24 years for fraud and conspiracy to commit fraud; sentence subsequently reduced to 18 years)
  • Richard Paey - (25 years for 15 counts of drug trafficking and other charges including fraud; released in 2007 after serving three and one-half years)

[edit] Footnotes

  1. ^ Text of the Crime (Sentences) Act 1997 and Text of the Crime and Punishment (Scotland) Act 1997 from The Stationery Office
  2. ^ Text of the Criminal Justice Act 2003 and Text of the Criminal Justice (Scotland) Act 2003 from The Stationery Office
  3. ^ Arguments advanced by Families Against Mandatory Minimums

[edit] References

[edit] External links