Is It Time For America to Repeal Mandatory Minimum Sentencing Laws?

In 1986 Congress enacted mandatory minimum sentencing laws, forcing judges to deliver fixed sentences to individuals convicted of a crime, regardless of culpability or other mitigating factors. Since the initiation of mandatory minimum sentencing laws prisons have been filled at an alarming rate with drug offenders and non-violent criminals. More prisoners are locked away for drug violations than all violent crimes combined, and more than 80 percent of the increase in the federal prison population from 1985 to 1995 is due to drug convictions. (http://www.drugpolicy.org/) With prison overcrowding at an all time high and no real solutions presented, is it time for America to repeal mandatory minimum sentencing laws?

There is a portion of society who believes mandatory minimums inflict punishment far too severe for first-time offenders and petty drug peddlers. Critics acknowledge the problems caused by the drug trade, but contend that punishments are often too severe. According to the United States Sentencing in 1992 alone, more than 3,000 drug offenders who were not involved in violence and had no previous record were sent to federal prison for terms of at least five years. (http://query.nytimes.com/gst/fullpage.html) Defenders of mandatory sentencing claim that the drug trade itself is inherently violent and that America needs to be “tough on crime.” And if overcrowded prisons have become a problem, they offer a solution: build more prisons. (http://query.nytimes.com/gst/fullpage.html)

Mandatory minimum sentencing laws came about because of the major crack epidemic that was running rampantly through America’s streets in the 1980’s. When these laws were established by congress it seemed as if they would be a sufficient remedy to control the epidemic. However, through the years these laws have been under more and more scrutiny. The laws have not proved to be a successful deterrent to crime and are in fact a major reason the prisons are overcrowded.

Though defenders of mandatory minimum feel that we need to be “tough on crime” and criminals should be incarcerated, there is one major issue, we simply don’t have anywhere to place them. Petty drug dealers and first time offenders shouldn’t be incarcerated with rapists and murderers, they should be rehabilitating to try to better themselves. In prison many of these petty offenders are learning how to become more efficient criminals and are not receiving the help they need.

The crisis of overcrowded prisons across America is only on the rise. We need to find a better solution to not only decrease the number of prisoners in jail, but also the frequency of recidivism. In this case, a feasible solution would be abolishing the mandatory sentencing laws for first first-time offenders time and offering comprehensive rehabilitation and counseling.