Although the sentencing reform is a remarkable effort, it should not be enacted because it fails to address the issues that lead to mass incarceration. The reduction of mandatory minimums only tackles the prohibition of prolonged imprisonment. However, when ex-offenders are reintegrated into society, discrimination and lack of opportunities make it easier for them to offend again. Additionally, through the current prison bills, it is possible to increase the government's oversight in prisons and encourage minimal use of solitary confinement, which leads to long-term psychological issues for inmates. Conducting need assessments, officer training, employment opportunities, and programs aimed at reintegration are some of the initiatives that lawmakers can explore. Indeed, reports indicate that when states enact policies to reduce prison terms, crime rates increases, and the states are forced to go back to previous reforms (Chung, 2018). The efforts should be less punitive to focus on ways to tackle issues that led to mass incarceration in the first place. Additionally, the reform ignores the need for judicial discretion, which is essential in reducing mass incarceration. The minimum mandatories shift power from judges to prosecutors, which leads to problems when harsher punishments are imposed to the remaining cases where the minimums do not apply. By considering judicial discretion, it reduces the possibility for offenders to avoid conviction. Additionally, reforms that consider judges' discretion acknowledges that crimes should be tailored to individual offenses. For instance, by considering mental illness or drug use, a judge can rule that a rehabilitation center is ideal than a prison which would not be possible through the minimum mandatory. Reforms should encourage just rulings without motivating prosecutors to use the avoidance techniques (Todd, 2019). In every conviction, judicial discretion allows judges to ensure that punishment is proportionate to the seriousness of the crime without shifting power to prosecutors.
References
Chung, E. (2018). Why Prison Reform Is Not Enough to Fix the U.S. Criminal Justice System. https://www.americanprogress.org/issues/criminal-justice/news/2018/03/23/446616/prison-reform-not-enough-fix-u-s-criminal-justice-system/
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Todd, A. T. (2019). Mass incarceration: The obstruction of judges. Law and contemporary problems. (82), 191.
