Should Mandatory Minimum Sentencing Be Legal - 3705 Words

Issue Statement â€Å"Like the ancient tension between fixed and indeterminate sentencing, there’s an ancient debate about judicial discretion in sentencing.† Proponents argue that mandatory minimum sentencing can place a significant hardship on correctional budgets while at the same time, threatening an increase of an inmate’s claim that their rights pursuant to the Eighth Amendment protection of cruel and unusual punishment have been violated. Opponents of fixed sentencing tend to posit that mandatory (determinate) sentencing can act as a deterrent, which can equate to a reduction in overall crime rates. At what point does proportionality become relevant to issuing prison sentences? In Harmelin v. Michigan , the Court held that it was†¦show more content†¦Repeat offenders have a tendency to revert to a life of crime when they are denied gainful employment due to their conviction(s). Harsher prison sentences can also affect the inmate’s exposure to negative habits from other prisoners, which compounds the hope of rehabilitation in addition to the reduction of recidivism. While there is the inherent need to give rise to rehabilitating offenders and reducing their susceptibility to commit future offenses, the judicial system must be cognizant of the offender’s rights pursuant to the Sixth Amendment. When judges exert discretion during the sentencing phase outside of what would occur during a jury trial, the factors considered must be those proven beyond a reasonable doubt. In delving further into the debate between the effectiveness and ineffectiveness of mandatory sentencing, it is relevant to scrutinize the constitutionality of the Federal Sentencing Guidelines. There is concern â€Å"that the Guidelines did not allow sufficient judicial discretion.† Congress in turn argued that the Guidelines were created to alleviate the disproportionate sentences created by judicial discretion. Current Policy The United States Sentencing Commission [Commission] was responsible for developing a set of guidelines stemming from the Sentencing Reform Act of 1984 [Act], with the intent of punishing those who