The Pros and Cons of Mandatory Sentencing

Mandatory sentencing is a criminal law and procedure provision that provides a specific sentence upon conviction for specific crimes. Normally, mandatory sentencing provisions provide for a minimum and maximum sentence window but in some cases, they may also indicate a specific sentence. Due to the said provisions, the convict will receive the sentence indicated in the statute irrespective of the circumstances of the case. There are two primary reasons why legislatures would place mandatory sentencing rules in place. The first is to use the sentence as deterrence and mainly applies in cases where laws set minimum sentences. The second is to protect the community from the excesses of law enforcement, which mainly takes place when statutes limit maximum sentences. Based on a careful evaluation of the entire concept of law enforcement, I am constrained to oppose mandatory sentencing laws in their totality. The opposition of mandatory sentencing stems from its effect on the discretion of law enforcement. Be it minimum or maximum sentences, the presence of mandatory sentences limits how law enforcement and the community can work together to eliminate crime. Trends in law enforcement reflect that crime-fighting works best when the police and the community work together. Shows of force, such as in the traditional petrol-based law enforcement have little effect on the fighting of crime. Similarly, innovations in law enforcement had also been ineffective when the community and law enforcement do not work together. Therefore, any tethers on the police, except those based on fundamental rights, are counterproductive. On the other hand, context is always a fundamental aspect of any crime. Whereas the letter of the law if definitive, application of laws should be malleable depending on the circumstances of a crime. The presence of mandatory sentencing provisions limits the ability of law enforcement to factor in context to specific crimes. In some cases, mandatory sentencing forces law enforcement to choose between whether or not to charge an offender, a system that may be open to abuse. To enable law enforcement better latitude to fight crime, mandatory sentencing laws should be eliminated.