Mandatory sentencing is where the offenders are required to serve a specified time in prison, which applies mostly for violent and serious crimes. The sentencing of such crimes is determined through the legislature and not the judicial system, thus binding the judges by the law to make mandatory sentencing. There are arguments for and against mandatory sentencing options due to the impact it has on the victims, defendant, and society.
Mandatory sentencing is necessary for certain crimes. The method is effective in deterring other criminals from carrying out serious or violent crimes. The fear of serving a long jail sentence, will all the torture associated with it would make most offenders avoid such crimes which require mandatory sentencing. The prisons are associated with harsh treatment of the prisoners, with bullying and harassment, mentally, physically, and spiritually, being rampant. The thought of enduring all these hardships will make the offender avoid such crimes, which will lead to mandatory sentencing. The payment period for serious and violent crimes should be long. It will serve right as a way of achieving justice for the victim. If the offender of a serious crime serves for a short period, they do not suffer, and that does not serve as enough punishment (Editorial Board, 2014). A long period in jail will enable the offender to think about their actions, feel remorse, and seek for forgiveness.
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Some minor crimes do not require mandatory sentencing. Offenses which do not result in harming any person such as drunk driving or public immorality should be decided by the judge. The judges should be allowed to use their discretion only in minor crimes. In that way, they can give a sentence depending on the crime and the effect it had. The sentencing should be fair and enough to teach the offenders of serious consequences if they continue breaking the law. Some judges are too lenient and may give small sentencing to an offender of a serious crime, and that is why they should use the law when deciding on such serious crimes. The judges are also bound by past and precedent decisions and sentences, and that is inadequate when deciding on violent crimes. If an individual has committed a serious crime and they do not pay for it, it would be encouraging them to continue with breaking the law.
Mandatory sentencing has varying effects on the victim, defendant, and society. The victim of the crime can get relieved as they feel safe since the offender will be sentenced for a long time, and there is no fear of revenging due to being taken to court (Editorial Board, 2014). The victim also gets some sense of peace as they feel that they gained justice for the crime committed against them. Society gains peace as they get rid of the offender who constantly creates fear among society members, due to their criminal ways. It is also a way of promoting the laws as all criminals learn that if they break the law, they will be consequences such as imprisonment. The defendant is able to pay for their mistakes, and during the jail term, they regret and repent for their mistakes. It is also a lesson not to repeat such a crime.
Mandatory sentencing should thus be practiced because it is fair for the offender, victims, and society. The offender is able to pay for their mistakes, the victim gets the justice they deserve, and the society gets rid of a peace threat. The judges should follow the law in deciding which crimes should receive mandatory sentencing to avoid making judgments which will favor the offender.
Reference
Editorial Board, (2014). Corrections. Words of Wisdom, LLC. https://ebooksbvd.my-education-connection.com/read/9781943926275/9781943926275_1_xhtml
