Essay High School 613 words

Sentencing Mandatory Minimum Sentences a Mandatory Sentence

Last reviewed: February 15, 2013 ~4 min read

Sentencing

Mandatory minimum sentences

A mandatory sentence is a decision setting made by the court where judicial discretion is controlled by law. Persons guilty of some crimes should be punished with at least minimum number of years in prison. Mandatory sentencing is believed to reduce crime rate and is fair to all criminals hence ensuring uniformity in sentencing. This sentencing has been effective since potential criminals and repeat offenders try to avoid crime since they can be sure of their sentence if found guilty of breaking the law.

Sentencing guidelines

Sentencing guidelines are instructions that form a uniform sentencing policy for persons and organizations convicted of serious crimes and felonies. The main objective of sentencing guidelines is to reduce sentencing disparities that have been indicated to be prevalent in the existing sentencing system. The effect of the guidelines is that it enables determined sentencing limits during the time when the sentencing is determined Habitual offender laws.

Habitual offender laws

Habitual offender refers to an individual who has repeated a similar crime several times. Habitual offender laws are those targeting the habitual offenders, and they provide specifically for enhanced punishments. Their main purpose is to counter criminal recidivism by physical incapacitation through imprisonment. Habitual offender laws enable mandatory sentencing whereby a minimum sentence is passed. It may also allow judicial discretion by allowing the court to determine a proper sentence.

Truth-in sentencing laws

Truth-in sentencing is an assembly of different but related public policy stances on sentencing of those guilty of crimes in the system of justice. The laws refer to policies whose objectives involve abolishing or preventing parole in order to ensure that the convicts serve the period they have been given. Truth-in sentencing is related to other movements for example, mandatory minimum sentencing, and habitual offender laws. It advocates for public's right to knowing the exact period of sentence. For example, that it is wrong to sentence an individual for nine or thirteen years and then release him or her after she has served only seven years.

Part 2: Punishment should be based on the crime.

Every activity considered to be illegal can easily qualify one to be charged guilty or innocent. Most courts have specific procedures followed in accordance to the jurisdiction and hence determine whether an offender is guilty or not guilty. After being found guilty, it is important to sentence the individual to the reputable punishments that go hand in hand with the crime committed. Therefore, every crime committed should lead to an ultimate punishment. Not every punishment suits every offender. Procedures should be followed to the later in order to ensure a jurisdictional follow-up of every crime committed by the offenders.

Everyone who commits the same crime should receive the same sentence. Base imprisonment should be done on equitable grounds where candidates are acquitted under similar grounds of the legal structures. Cases of parity should not be present at all times. The sentence passed on them should be similar not unless there is a significant difference in their responsibilities for the offence or their personal issues. This promotes uniformity when passing judgments for sentencing.

You’re 85% through this paper. Sign up to read the full paper.

Sign Up Now — Instant Access Already a member? Log in
130,000+ paper examples AI writing assistant Citation generator Cancel anytime
Cite This Paper
PaperDue. (2013). Sentencing Mandatory Minimum Sentences a Mandatory Sentence. PaperDue. https://www.paperdue.com/essay/sentencing-mandatory-minimum-sentences-a-85951

Always verify citation format against your institution’s current style guide requirements.