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Sagot :
Explaination:
Mandatory minimum sentences are statutes included in criminal law. They require a convicted criminal to serve a sentence of specific length before being eligible for parole or release. These sentences are usually reserved for crimes that are considered violent or serious, but have been applied to drug possession, gun ownership, and moral vices.
In the United States, the jury is not typically informed of a mandatory minimum penalty because there is a fear that knowing the sentence may affect the determination of innocence or guilt.
The mandatory minim sentences pros and cons serve as a debate regarding the foundation of how criminal justice is applied within a society. Here are the key points of debate to look at.
The Pros of Mandatory Minimum Sentences
1. They can lead to a decrease in serious crime.
Up until the 1960s, capital punishment was a mandatory minimum sentence for murder. In the United States, it is still a mandatory minimum sentence for serious crimes, like treason. Because of the severe sentencing guidelines that are required by a mandatory sentence, it can reduce crime levels in all targeted categories. The goal of this type of sentence is to make the value of the crime be less than the value in following the law.
2. They stop unjust sentencing practices.
Many judges apply the law to the best of their ability in a professional manner. Then there are some judges that do not. One recent case in Montana involved a teacher who received a 30-day prison sentence for raping a 14-year-old student of his. Installing mandatory minimum sentences can reduce issues where a personal bias comes into play. The judge in Montana stated that the victim “looked older than her age” and that is why he issued such a light sentence.
3. They eliminate personal bias from all parties.
Prosecutors charge based on the actions of the individuals involved in an alleged crime. Judges sentence based on the recommendations of a jury, a plea agreement, or a bench trial. The process is simple and straightforward. Instead of dealing with personal bias, everyone has the same playing field in the justice system and can make decisions that they feel are best for themselves, their communities, or society in general.
4. They protect society for longer time periods.
Minimum mandatory sentencing laws are designed to maximize the safety aspect of prisons for a society. Those who decide to commit a crime are removed from society,so they can no longer do harm to it in their preferred way. Some crimes may offer an option for parole, allowing those who wish to rehabilitate themselves to have a second chance at safely joining the general population once again.
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