Mandatory Minimum

Sentencing
Kyle Wilson, Juliana Plucinik, Adam Jorgensen, and Daniel Slade

MANDATORY MINIMUM SENTENCING

Introduction
Mandatory minimum sentences require automatic and minimum prison terms for
certain crimes. Most of mandatory minimum sentences apply to drug offenses, but Congress
has enacted them for other crimes too, such as certain pornography, economic, and gun
offenses. Is justice best served by having legislatures assign fixed penalties to each crime? Or
should legislatures leave judges more or less free to tailor sentences to the aggravating and
mitigating facts of each criminal case within a defined range? (Evan Bernick)
Bernick is essentially questioning whether or not these mandatory minimums are
effective, considering they take all of a judges personal reasoning out of the case.

Arguments Against Fixed Penalties

Judges enforcing sentencing without context

In a court of law, judges play many roles, one being the sentencing of criminals to a
time served in prison or jail. However, mandatory sentencing removes the judges discretion
from punishments that could be ameliorated by extenuating circumstances, such as, age,
mental health, or extenuating circumstances. This allows the judges to administer mercy as
well as justice.
Judge John Gleeson of Federal District Court in New York is very critical of the
mandatory minimum sentencing act for drug crimes and states that most often the, "leaders
and managers," of the drug crimes are not being caught. Meaning that many kingpins in the
drug business are somehow getting away from being caught, only leaving only low level
offenders to pick up the sentencing. Judge Gleeson disagrees and full heartedly states that the

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defendants role is not considered during sentencing. Examples would be, a girlfriend of the
dealer, a friend giving them a ride, or a roommate who is unaware of criminal activity. The
judge argues, "that low-level offenders are often given sentences equal to those of major
offenders."(Dahl) Extenuating circumstances can come in many forms but judges and
senators have asked for the right to consider if the offender has, "had only one criminal
history point, did not cause or threaten death or serious injury, did not possess a firearm or
other dangerous weapon, did not hold leadership role in the offense," (Dugan). Simply
stated, the judge should have the right to look at all of the facts and relationships before
handing off long sentencing charges. It is punitive to undermine the judges decisions and
wastes the purpose of establishing a judicial system.
Minimum Sentencing Laws Too Broad, Excessively Uniform

Originally, one of the main points of mandatory minimum sentencing laws were to bring
down large kingpins in the drug trade. Unfortunately, they tend to bring down low level
players, street dealers, not the high level kingpins which they were first intended. An
example of this is Angela Tompkins, a seventeen year old who was recruited by her uncle to
sell cocaine on the streets. Angela had no criminal record, until she was caught selling cocaine
to an undercover agent. The agent had insisted that Angela increase the amount of the sale to
over two ounces, thus qualifying her for a minimum of fifteen years, no ifs, ands, or buts
(Batey).

A large concern of mandatory minimums is that they punish low level players just as badly
as they do high level players, due to the single overriding sentencing factor (Sevigny), drug
quantity. Low level dealers would receive equal punishment as their superiors, even though
they had a lesser involvement in the trade and the overall crime of it all. Whether or not that
is fair is highly debatable.
Minimum Sentencing Causes Prison Over-Crowding

In less than two decades, prison populations in America have more than quadrupled as a
result of mandatory minimum sentencing (Batey). This comes as an expense to Americas tax
payers, as tax dollars fund prisons. It has also resulted in a large increase of the Hispanic and
African American prison population, as these two races disproportionately represent a large

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part of our prison population. These numbers have only gotten worse, with drug crimes
being a huge role in these convictions.

A little over 1,800 judges were surveyed about these numbers, with one of the survey
questions being How much of a problem is the volume of criminal cases? (Reske). Over
seventy percent of circuit judges believed that it was a large problem or grave problem. When
asked To what degree do you support repealing most or all mandatory minimum
sentences? (Reske). Over eighty percent of district judges supported it. These numbers are
puzzling to say the least. When the vast majority of judges agree that mandatory minimums
have caused a large problem in the number of criminal cases, and majorly support repealing
most sentences you have to consider the fact that maybe mandatory minimums are not the
solution, but the problem.

Positive Effects for Fixed Penalties

Just Punishments
One of the positive effects of Minimum Sentencing is providing just punishments for
all offenders. This is also described as one size fits all. In the 19th Century there were many
cases of dishonesty amongst the district judges. In response to this corruption the legislative
government decided that instead of giving district courts the responsibility for assigning
punishments mandatory minimum sentencing would be implemented. Mandatory
minimums guarantee that sentences are the same throughout the court systems and insures
that punishments correspond with moral culpability by linking the sentence to the crime, not
the individual. This has proven to be a huge asset to police officers and lawyers in applying
leverage on criminals giving testimonies and cooperation in their cases.
Balance of Power
As explained in the paragraph titled Just Punishments district courts in the 1900s
were dishonest with their court rulings and persecuting unjustly. Mandatory minimums
balance the power between court systems and legislation. In the court room personal bias is
limited when mandatory minimum sentencing are in effect . Mandatory minimum
sentencing demonstrates that we are a country that is tough on crime. Mandatory minimums
were created to create fear concerning breaking the law. By implementing this fear into

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potential offenders the government discouraged criminals and possibly prevented many
crimes that may have taken place otherwise. Simons describes that in a world of many
widespread points of view mandatory minimums are essential to give a consistent court
decision. Without mandates, judges may have radically different ideas of just sentences
unless mandatory minimums were set and given by legislation to provide a set law to
prevent such events from happening (Simons).
Eliminates Personal and Racial Bias
One of the benefits that has been seen though the mandatory minimum drug
sentencing act is that judges are not accused of racial or gender based biases. Having
mandatory sentencing for all drug dealers takes away the suspicion that sentencing may be
harsher for blacks when compared to white races (Bately). Mandatory minimum sentencing
simply looks at the amount of drugs being sold or carried as well as the category of the
narcotics or other substances(Dahl). Author, Michael Tonry stated, "Police arrest so many
more blacks than whites for drug crimes not because blacks commit proportionately more
drug crimes but because they commit them under circumstances that make arrests easier for
police." Although, there are moderately equal rates for drug users against all genders, races,
and ethnicities their dealing practices influence their arrest rates (Myers). By removing the
mandatory minimum sentencing, judges, as well as prosecutors and officers will be accused
of being racial or even partial to certain charges. Judges may become more lenient on women
than men for equal crimes. Under these circumstances even the kingpin may get away with a
lower charge because he argues that their group is being targeted based on race or gender
and not fairly treated in the system compared to others.

Conclusion
Mandatory minimum sentencing was established in the 1900s and has continued to be
in effect for many years throughout US history. Their role in the criminal justice system has
long been questioned and debated amongst judges, prosecutors, educators, members of
Congress, attorneys, and the general public. After extensive research and examination of the
opinions and essays of many of the above mentioned officials there has been a popular pitfall
divulged by a majority of these sources. Professor Alan Dahl described that pitfall best when
he declared that "that low-level offenders are [too] often given sentences equal to those of
major offenders. This statement is a popular conclusion, and with good reason. Does Angela

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Tompkins, a seventeen year old who was recruited by her uncle to sell cocaine on the
streets deserve the same punishment as a multiple repeat offender drug lord? This is why
the criminal justice system is staffed with judges, to judge.
The Federal Bureau of Prisons (BOP) released an updated report in October 2015 that
produced many statistics that both break and support many stereotypes of prisoners.
Approximately, 48% of prisoners are being held for drug offenses. Hispanic prisoners that are
currently being held account for approximately 34%, whereas African Americans account for
37%. This then leaves a large majority to those of Caucasian descent. As we take a closer look
at what else the BOP examines we see that gender is also a factor that should be taken into
consideration with prison reforms. With men leading the prison population at 93%. One
solution that many politicians, such as Obama, can take into account when considering
loosening various sentencing is that 77% of inmates are United States citizens, which leaves a
large quantity of individuals who are being imprisoned and fed through American taxes. As
the BOP releases this information American citizens have the opportunity to make decisions
for both a drug reform as well as a prison reform. Drugs certainly have a devastating impact
on individuals, families, and communities. By learning the statistics citizens can focus their
attention on protecting at risk communities, races, and genders.
In conclusion Mandatory minimum sentencing does not generate enough positive
results compared to its negative outcome. It ties the hands of the judges and serves an unjust
punishment to those who may not deserve such retribution. Mandatory minimum sentencing
not only imprisons many undeserving citizens, it is also costing our already debt-ridden
country a staggering about of money to keep those guilty and innocent in prisons throughout
or country.

Reflection
I personally chose to focus on minimum mandatory drug sentencing requirements in
affiliation to drug reforms. This research assignment has been an important piece for me in
many different ways and has help expand my knowledge of this important subject. First and
foremost this research has shed additional light on how individuals becomes addicted to and
sometimes even dependent on various drugs and even criminal activity. From a sociology
standpoint various social classes, communities, and races are vulnerable to both drug charges
and the long term dynamic effects that can weaken and harms american families.

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Our research project also related a great deal to criminal investigation. Many different
races and ethnicities (especially African American males 18-30 years of age) are being
targeted (perhaps sometimes unfairly) and incarcerated for drug use and distribution. In
reality drug use and distribution is affiliated with all races, a broad age spectrum, and both
male and female genders. Learning, researching, and becoming more aware of the many
differences and sometimes inequalities in the prison sentencing has helped me understand
the gravity and importance of actively being involved and informed in political world.

Annotated Bibliography
Sevigny, Eric L. "Excessive Uniformity In Federal Drug Sentencing." Journal Of
Quantitative Criminology25.2 (2009): 155-180. PsycINFO. Web. 20 Oct. 2015.
Eric L. Sevigny is a professor in the department of criminal justice at Georgia State
University. He has a doctorate in public and international affairs. In his piece, Sevigny
addresses how mandatory minimum sentencing laws are excessively uniform. Sevigny
blames this excessive uniformity on the single overriding sentencing factor, drug quantity.
No two cases will ever be the same, and mandatory minimums forces all cases to act the
same, be treated the same, and end the same uniform way. He stresses that just because the
same quantity of the same drug was sold, doesnt mean that two cases can be treated the
same way.

Reske, Henry J. "Judges Irked By Tough-On-Crime Laws." ABA Journal 80.10

(1994): 18. Legal Collection. Web. 20 Oct. 2015.
Reske is simply reporting on the results of poll recently taken concerning what judges
opinions on mandatory minimum sentencing laws. Over 1,800 judges were surveyed, and the
results were staggering. A vast majority of judges supported either repealing most or all of
mandatory minimums, or eliminating them completely.
Dugan, Barbra. "Families Against Minimum Sentencing." Interview by Dan Rea.
Mandatory Minimum Sentancing. WBZ News Radio 1030. Boston, New York, 6 Aug.
2015. Radio. Accessed September 29th, 2015.

During a one-on-one radio interview with Dan Rea and Civil Rights Attorney and
Massachusetts Project Director for Families against Mandatory Minimums (FAMM), Barbara
J. Dougan is invited to explain her experiences of mandatory minimums to the audience.

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Attorney Dougan supports sentencing guidelines given to judges, however, FAMM want to
allow judges hands to be untied when it comes to sentencing. Dougan seeks to explain to
both Rea as well as the audience that forcing a manditory minimum sentencing is stating that
one-size fits all, however, each case is unique and therefore should have unique sentencing.
Radio host Dan Rea argues against the definition of criminal activity and opens the phone
lines and accepts questions from the public. The public question Attorney Dougan about the
current treatments available for those who are both addicts as well as criminals. Attorney
Dougan addressed the public as they seeks clarification for what a reform of manditory
minimum would look like.
Batey, Robert. "Mandatory Minimum Sentencing: A Failed Policy." Phi Kappa Phi
Forum 82.1 (2002): 24. Academic Search Premier. Web. 22 Sept. 2015
Robert Batey is a professor of law at Stetson University College of Law in St.
Petersburg, Florida. Batey currently teaches courses in criminal law and sentencing, and is a
coordinator for Families Against Manditory Sentencings. Batey gives three very strong
arguments against minimum sentencing. 1)They quadrupled the total prison population in
the United States. This could be conceived as good, because were putting more "bad guys
away," but putting bad guys away comes at a pretty hefty price, especially when population
grows that quickly. 2) Laws were originally made to bring down the big drug kingpins, but it
actually just brought down the minor players. Your average Joe who was peddling crack on
the street to try and pay for schooling or providing for their young family. Batey describes
that manditory minimums have failed, stating that the original goal of removing addicts from
the streets is inconsistent. 3) Minimum sentencing laws are often times too broad and didnt
give the judge any kind of wiggle room from case to case. Unfortunately, there will always be
circumstances where somebody might not actually deserve 15 years in prison.

Dahl A. Eric Holder's Recent Curtailment of Mandatory Minimum Sentencing, Its

Implications, and Prospects for Effective Reform. BYU Journal Of Public Law
[serial online]. December 2014;29(1):271-297. Available from: Academic Search
Premier, Ipswich, MA. Accessed September 15, 2015.
The author, Alan Dahl,a political theoristand Sterling Professor of Political Science at
Yale University,concentrates and examins Eric Holder's practices and reserach. Holder is a
practicing U.S. Attorney that has studied both the positive and negative aspects of mandatory
minimum sentencing. Dahl presents Holder's study by stating that in 1990 there were

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upwards of 100 separate federal mandatory minimum penalties ranging from drug
possession to financial crimes. Dahl focuses on Holder's description to the extensive
punishments for drug related minimum sentencing crimes that was introduced to the United
States in 1973. Holder considers how drug related crimes effect race as well as lower class
populations, resulting in continual poverty and government assistance needs. Further
research and examination of the article Holder examines unduly harsh sentences for nonviolent crimes, or first time offenders.

Chaple, Michael. "Comparing the Effectiveness of a Computerized Psychosocial

Treatment Program (the Therapeutic Education System) to Prison Drug Treatment:
Process and Client Outcomes." Journal of Substance Abuse Treatment43.3 (2012):
4-7, 13.Archives of General Psychiatry [EBSCO]. Web. 1 Oct. 2015.

The author, Michael Chaple, displays the positive impact that inpatient drug treatment
programs have for inmates at several prisons throughout the United States. These programs
help transition inmates from the life as a drug dealer and addict to men and women who
gain life-skills and are able to rejoin society and their families. Treating both mental illnesses
along side addiction improve long term family relationships.

Raphael, Steven, and Michael A. Stoll. "3." Why Are so Many AmericansIn
PrisionRussell Sage Foundation, 2007. 34-36. Print.

The co-authors, Steven Raphael and Michael Stoll are both professors at the university
levels. The authors discuss the rates of drug users in prisons compared to the number of
those prisoners who are sentenced for drug related crimes. The authors analyze not only The
United States of America, but also other countries with large incarceration rates. While some
may argue that our judicial system over the past 30 years compared to other countries is
failing, evidence is needed and now provided showing documented success of new laws
compared the rest of the world.
Bernick, Evan, and Paul Larkin. "Reconsidering Mandatory Minimum Sentences:
The Arguments for and Against Potential Reforms." The Heritage Foundation. The
Heritage Foundation, 4 Feb. 2014. Web. 29 Sept. 2015.
The two authors, Evan Bernick and Paul Larkin discuss the arguments for and against
potential reforms for mandatory minimum sentencing. Bernick is currently the Assistant
Director of the Center for Judicial Engagement at the Institute for Justice, the national law
firm for liberty. Larkin is an attorney that is currently the director of The Heritage Foundation
to counter abuse of the criminal law. Some of the positive aspects they discussed were about

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how certain offenses deserve and demand a minimum sanction to ensure anyone who
commits such crimes cannot avoid just punishments.
Starr, Sonja B. "Mandatory Sentencing and Racial Disparity: Assessing the Role of
Prosecutors and the Effects of Booker." Yale Law Journal. The Yale Law Journal, 1
Oct. 2013. Web. 20 Oct. 2015.
In the article Mandatory Sentencing and Racial Disparity the authors Sonja Starr
focused on how district courts and judges would create widespread racial, gender, interjudge, and inter-district disparities in sentencing. So the writers made sure to focus on why
mandatory minimum sentencing helps give a solution to the bias court decisions. Sonja Starr
is a graduate from Yale with her JD and is currently a Professor at the University of Michigan
in the law program.
Simons, Michael A. "Villanova Law Review." "Departing Ways: Uniformity, Disparity
and Cooperation in Federal Drug " by Michael A. Simons. Villanova Law Review,
2002. Web. 20 Oct. 2015.
In the document Departing Ways: Uniformity, Disparity, and Cooperation in Federal
Drug Sentences the writer Michael Simons discusses the argument on mandatory
minimums sentencing. Simons graduated from Harvard Law and is currently the Dean at the
St. John School of Law. Simons describes that in a world of many widespread points of views
on certain opinions and topics that mandatory minimums are essential to give a consistent
court decision. Without mandates, judges may have radically different ideas of just sentences
and so mandatory minimums that were set and given by legislation would provide a set law
to prevent such events from happening.
Samuel L. Myers, Jr.Racial Disparities in Sentencing: Can Sentencing Reforms
Reduce Discrimination in Punishment?,64 U. Colo. L. Rev. 781(1993).

Author, Samuel Myers, quotes Michael Tonry, a Professor of Criminal Law and Policy,
and director of the Institute on Crime and Public Policy of the University of Minnesota.
Quotes taken from Tonry consist of comments about the availability of drugs in certain areas
of town, and the availability of arrest based on practices found successful. The author gathers
quotes from various books of Tonrys that state the African American population seek to both
sell and buy drugs in public gathering more attention than that of White drug dealers that
primarily sell and buy drugs in an enclosed location such as a home or place of business.

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