How Mandatory Minimums Perpetuate Mass Incarceration and What to Do About It - Problems with Mandatory Minimums

The prosecutor controls the deci- ers from areas with rising crime, corrections, law en- sion to charge a person with a mandatory-eligible crime forcement, and the legal community, politicians built 1 and, in some states, the decision to apply the mandatory Prison conditions worsen minimum to an eligible charge.10 Rather than eliminate discretion in sentencing, mandatory minimums there- In additio. [...] A few notable reforms in recent years include: individuals comprised the majority of persons convicted of drug-related offenses (which are the most common • Almost half of all states, as well as the federal federal offenses subject to mandatory minimums).14 government, have reduced or eliminated some mandatory minimums related to drug offenses.18 The racial disparity associated with the sentencing. [...] In 1986, before the law passed, the tence instead of the previous mandate of need- average federal drug sentence for African Americans was ing to serve 85% of their sentence.20 11% higher than for whites but within four years, this average was 49% higher.15 A 2007 analysis by the Unit- While states have yet to address the overuse of manda- ed States Sentencing Commission showed that 82% of tory mi. [...] Despite the minimums followed another highly televised crime by temptation to stiffen penalties to address crime, law- Stanford University student Brock Turner in 2016.25 Be- makers can turn instead to approaches that include pre- cause the sexual assault did not fall neatly in the state vention and early interventions, and more opportunities definition of rape, the two new laws expanded the defi-. [...] The campaign raises awareness about the dire state of the criminal legal system in the country, the devastating impact of incarceration on communities and families, and proposes more effective crime prevention strategies for our country.