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Peterson 1
. Peterson
Otey
ENGL102
22 April 2016
Rogerian Argument Essay On Mandatory Sentencing
Mandatory sentencing has been a subject of controversy in recent years. There are
those who believe that it works and that it is vital to keep criminals off the streets. The
opposition would say that it leads to overcrowded prisons that cost taxpayers. There are
numerous reasons to be on one side or the other. Does it work? Mandatory sentencing takes
power away from judges and at times can be the wrong option.
?Mandatory sentencing, in its most basic form, is nothing new. Federal mandatory
minimums first appeared in the United States in 1790? (Tan). ?Faced with an increase in
widespread drug use that resulted from events like Woodstock in the 1960s and soldiers
returning from Vietnam addicted to heroin, President Nixon launched a campaign to eradicate
the use of illicit drugs in 1971?(NeSmith). This was the beginning of increased policy and
budget for the war on drugs.
Mandatory sentencing has seen in increase ever since the Regan
administration passed laws to deter would be drug traffickers in the 1980?s.
The intent of mandatory sentencing seems like a simple solution to deter offenders.
?Sentences imposed under mandatory schemes are the product of determinations by the
legislature. Since legislators are elected, mandatory schemes presumably reflect community
values; at the least, legislators may be held democratically accountable for schemes that
diverge from community values? (Hessick). In comparison to discretionary systems that
allow judges to consider, punishment to fit the crime but also allows the judges emotions to
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become a factor in sentencing. So if a judge is not in a good mood or does not favor a
defendant the given sentence could be unwarranted.
Mandatory sentencing can be a great deterrence to would be offenders of crimes that
are of extreme concern to the public such as firearms and drug possession. The use of illegal
firearms in America contributes as host to multiple crimes like armed robbery and murder.
Drugs have had a negative impact on countless lives and families throughout the country.
Legislator?s ability to set stringent penalties on citizens that violate laws in cases of illegal
drugs and firearms can be a pivotal tool for protecting the community. ?Mandatory
minimums have played a major role in the stabilization of the crack epidemic and the
sentencing guidelines are a principal cause of the decline in violent crime rates? (
Mandatory
minimums in drug sentencing)
.
?Do the crime pay the time? can be a statement that justifies the use of mandatory
sentencing. The reality is that not every crime will fit a certain punishment. People commit
crimes for many different reasons and under many different circumstances. Factors such as
poverty, environment, drug use, and morals attribute to offenders committing crimes.
?Punishment is not particularly effective as a general deterrent, or even as a deterrent for
specific offenders? (White). Most crimes that fall within the guidelines of mandatory
sentencing are committed out of desperation or to rise out of poverty. ?By 2007, 171
mandatory minimum sentences were in the books, and over 20,000 defendants in 2006 alone
were sentenced under such provisions – a significant portion of which were for drug offenses?
(Tan).
Mandatory sentencing can place focus on the amount of time offenders spend behind
bars instead of the rehabilitation of citizens. Discretionary sentencing systems can give
judges the ability to vet cases and help to determine the best form of rehabilitation for
offenders. A mother of three whom could be persuaded by a drug dealer to carry 5 grams of
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Peterson
Otey
ENGL102
22 April 2016 Rogerian Argument Essay On Mandatory Sentencing
Mandatory sentencing has been a subject of controversy in recent years. There are
those who believe… Peterson Otey ENGL102 22 April 2016 Rogerian Argument Essay On Mandatory Sentencing Mandatory sentencing has been a subject… View the full answer