MANDATORY MINIMUM SENTENCING 3
Beale, S.S. (2012). Is now the time for major federal reform? Federal Sentencing?
This first article examines the two contrasting views regarding federal sentencing
guidelines after the United States Supreme Court finding in U.S. v. Booker (2005). The
article goes on to dive into whether it was time to reform the federal sentencing
guidelines. One of the issues discussed in this article is the varying sentencing for the
same crime and how it has caused racial disparity. The group that has this point of view
advocates for stricter adherence to federal guidelines and more detailed explanations
when there are any variances. However, the author argues that there is not enough data or
evidence that will support any changes to existing policies. The author also suggests that
if the goal is to reduce racial inequality, the focus should be shifted towards prosecutorial
discretion in applying mandatory minimum sentencing and it being enforced.
Glazier, S. (2014) Sentencing Reform: Are mandatory sentences too harsh?
This article by Glazier (2014) poses the question whether mandatory sentences are too
harsh and implies a critique of the current sentencing system. As it pertains to the
research question, the author does a deep dive on mass incarceration during the 1970s
and 1980s. This article also analyzes different arguments and viewpoints on the issue
which challenge the effectiveness of mandatory minimums by providing statistics and
evidence of the effectiveness of other sentencing practices. The article also explains
different consequences to mandatory minimums and habitual offender sentencing
guidelines. Glazier believes that there is enough evidence to conclude that the mandatory
minimum policies are excessive and negatively affect the recidivism, the economy, as
well as prisoner mental health among other things. Glazier takes on a good approach by
MANDATORY MINIMUM SENTENCING 4
not only breaking apart his viewpoint on the cons of mandatory minimum but also
speaking on the pros of the policies.
McNelis, A. A. (2017) Habitually Offending the Constitution: The cruel unusual consequences of
habitual offender laws and mandatory minimums.
McNelis examines the constitutionality of minimum mandatory sentencing practices such
as three strikes and the requirements to fall under the habitual offender policies. This
article uses several court cases that contain life sentences which resulted from a non-
violent offense. McNelis also examines the 8th Amendment of the U.S. Constitution to
determine if the prison sentences given should fall under cruel and unusual punishment
depending on the crime. During this article, the topic of marijuana and its changing
worldly view is examined. The author believes that mandatory minimum and habitual
offender policies should shift and be constantly evolving just as society evolves and
decriminalizes certain activities. The article really touches on the harshness of certain
sentences towards nonviolent offenders.
NeSmith, R.C. (2015). Tough on Crime or Tough Luck for the Incarcerated. Exploring the
Adverse Psychological Impacts of Mandatory Minimum Sentencing and Pushing for
Action.
This author evaluates the psychological impact that mandatory sentencing may have on
an incarcerated individual, their family and the community in which they reside. The
article asses the history of mandatory minimum sentencing in the United States criminal
justice system and explores how it was reformed under Eric Holder, U.S. attorney
general. Due to policies passed during the Regan and Nixon administrations, the prison
MANDATORY MINIMUM SENTENCING 5
population increased rapidly, and the majority of those offenders were booked for non-
violent crimes which led to negative consequences in mental health and negative effects
of those who cared for them. This article does a good job analyzing the impact.
Seigler, A. (2022). Shift the Paradigm on Mandatory Minimums Criminal Justice.
In this article the racial disparities created through the get-tough initiatives of the 1970s
and 1980s are highlighted. The author goes on to argue that prosecutors charged
defendants with felonies which have extreme mandatory sentences attached to them to
avoid a trial and obtain a guilty plea. Reasoning is to give the defendant the idea that they
will receive less jail time during the plea bargain stage. This article goes on to speak on
how African Americans and other minorities account for 70% of those charged with a
mandatory minimum sentence.
Tonry, M. (2017) Making American Sentencing Just, Humane, and Effective.
The American judicial sentencing guidelines are assessed in this article and there is
reason to believe that there needs to be some foundational change as it pertains to the
practice of mass incarceration. The unjust rules put in place in the 1970s and 1980s did
not directly affect the crime rate in the way that the administration at the time had hoped.
If anything, it kept crime about the same, but more individuals were being incarcerated
for long periods of time on non-violent crimes. In this article, the author discusses data
that reveals that the policies that led to mass incarceration could not be morally justified
as prevention methods of crime when they were established since the crime rate did not
drastically drop. Unfortunately, that remains the case. The purpose of this paper will be to
fully dive into the big question, why? Why if minimum incarceration sentences have not
MANDATORY MINIMUM SENTENCING 7
References
Beale, S.S. (2021). Is Now the Time for Major Federal Sentencing Reform? Federal Sentencing
Reporter. 24(5), http://dx.doi.org.ezproxy.liberty.edu/10.1525/fsr.2012.24.5.382
Glazier, S. (2014) Sentencing Reform: Are mandatory sentences too harsh? CQ Researcher. http:
//library.cqpress.com
McNelis, A. A. (2017) Habitually Offending the Constitution: The cruel unusual consequences
of habitual offender laws and mandatory minimums. George Mason University
Civil Rights Law Journal, 28(1), 97-126
NeSmith, R.C. (2015). Tough on Crime or Tough Luck for the Incarcerated. Exploring the
Adverse Psychological Impacts of Mandatory Minimum Sentencing and Pushing for
Action. Law & Psychology Review.
Seigler, A. (2022). Shift the Paradigm on Mandatory Minimums Criminal Justice. 28-33
Tonry, M. (2017). Making American Sentencing Just, Humane, and Effective. Crime & Justice.
441-504
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