Recently, there has been a lot of attention with State and Federal trials involving Former President Donald Trump and Hunter Biden, so I figured that I would write a little bit about the Mandatory Minimum Sentencing Guidelines in the Federal system. These guidelines have been a subject of much debate and controversy over the years. These guidelines were implemented in the 1980’s as part of the “War on Drugs” era developed by President Ronald Reagan. These guidelines were meant to target drug trafficker’s and reduce crime rates. However, over the years, they have been criticized for being unfair and disproportionately affecting certain groups of people.
Under the Mandatory Minimum Sentencing Guidelines, judges are required to impose a minimum sentence for most crimes regardless of the individuals circumstances or the severity of the offense. These penalties can often exceed a state sentence by 7, 10, or even 20 years. As well, even if a judge believes that a defendant deserves a lessor sentence, they are bound by the mandatory minimum and have no discretion in sentencing.
One of the major criticisms of these guidelines is that they contribute to mass incarceration, particularly non-violent offenders. I am a statistic of this this particular situation since my offense is not violent. As well, the mandatory minimum sentences for drug offenses are often extremely harsh, and many individuals end up serving long prison sentences for non-violent offenses. This has resulted in a significant racial disparity as well in the federal prison population.
The guidelines have also been criticized for limiting the ability of judges to consider individual circumstance and rehabilitative efforts of the defendant. Many believe that this one-size-fits-all approach to sentencing does not take into account the unique circumstances of each case and may result in unjust and overly harsh sentences, which it does!
Furthermore, these guidelines have not been effective in reducing crime rates or drug use. Despite the increased number of incarcerations, drug use and distribution continue to be prevalent in society. This raises the question about the effectiveness of this approach and whether it is worth the negative impacts it has on individuals and communities.
In recent years, there have been efforts to reform the Mandatory Sentencing Guidelines. In 2018, a bipartisan bill was introduced in Congress to reduce the mandatory minimum sentences for non-violent drug offense. However, this bill has not yet been passed, and the guidelines remain in place.
The Mandatory Minimum Sentencing Guidelines in the Federal System have been widely criticized for their unfairness and ineffectiveness. They have contributed to mass incarceration, racial disparities in sentencing, and limited judicial discretion. It is crucial for policy makers to re-evaluate and reform these guideline to ensure a fair and just criminal justice system for all individuals.
Please, I encourage people to contact the United States Sentencing Commission and let them know that these guidelines must be changed. Thank you!
William Kragthorpe
