Mandatory Minimum Sentencing Guidelines - Essay Example

Mandatory Minimum Sentencing Guidelines 11th, February, Mandatory Minimum Sentencing Guidelines Introduction The dominance of the new penology perspective in the majority of advanced countries of the West during the last 3 decades has led to increased homogenization of their criminal justice systems. In areas of criminal law and in context of sentencing regimes there has been displacement of mandatory sentences by discretionary sentencing systems. One of the burning issues of criminal justice, which has remained controversial, is the way sentencing judges exercise discretion.

This has led to introduction of various legislative prescriptions to guide judges while exercising sentence discretion. In the United States, the guidelines have focused on different aspects, such as minimum sentencing as well as grid for sentencing. Mandatory sentencing guidelines may focus on a single form of crime or all forms of crime. This essay will describe the logic behind the development of new regime of mandatory minimum sentencing guidelines in the United States and Canada. The focus will be made on how the sentencing guidelines have changed.

From 1970, there was a considerable increase in crimes in the Western world, which resulted in enactment of tough laws that aimed at controlling crime rates. In the 1990s, the level of crimes continued to grow steadily. This led to increased number of criminals within prisons in countries, such as Canada and the United States. Moreover, there was tendency according to which offenders of similar crimes were getting different sentences. Therefore, there was need for a revision of system that ensured fairness in sentencing.

This resulted in enactment of laws aimed at ensuring there was a mandatory minimum sentence that perpetrators of certain crimes received (Beale, 2006). Mandatory sentencing has become a common phenomenon in the said countries. However, the issues regarding jurisdiction are still debatable. This has led to enactment of guidelines in order to ensure that there is consistency in sentencing (Beale, 2006). Over the recent past, Canada has witnessed evolution of mandatory minimum sentencing guidelines.

There has been increase in crime within Canada and the need for laws that separate offenders from the society appeared so that to deter them from engaging in unlawful activity. The guidelines are now focused on prevention of crime and maintenance of justice and peace within the society through the use of certain sanctions that are to range according to the type of offence. The mandatory minimum sentencing guidelines in Canada require the sentence an offender gets to be proportionate to the offence.

Moreover, the sentence should reflect the level of restraint of the offender. Mandatory sentencing guidelines in Canada require judges to consider certain factors when sentencing offenders. These factors include the aspects that lead to aggravation in crimes, such as organized crimes, global terrorism crimes, crimes related to spouse or child victimization, and those crimes committed by person in certain positions of authority (Shahidullah, 2012). The mandatory minimum sentencing guidelines guide judges on the minimum sentences perpetrators of certain crime should get.

For example, perpetrators of first degree and second-degree murder receive a mandatory minimum sentence of life in prison. Minimum sentencing guideline in Canada guide judges on minimum sentences on firearm offenses, repeat offenders, and hybrid offenders. Moreover, the guidelines include crimes that require mandatory life sentencing. In Canada, most minimum mandatory sentences deal with firearm possession and related crimes. For example, the minimum imprisonment for possession of unauthorized loaded firearms is a three years’ imprisonment.

However, repeated prosecution for possession of firearms results in a minimum of five years in jail. In the United States, the guidelines for sentencing offenders were established in 1984. The guidelines were based on considering of the conduct and characteristics of offender when deciding on the appropriate minimum sentence. For example, the State of California enacted the law, which requires second or more time perpetrators of serious offenses to get a minimum mandatory sentence of 25 years in prison.

In the 1990s, there was increased use of incarceration, which resulted in decreased rate of crime. With time, the guidelines have evolved and altered felony sentencing in the entire United States. In the recent past, there have been increased tendencies to sentence offenders with milder sentences than the guidelines require. Generally, the range of sanction for various crimes has been narrowed down. Moreover, laws regarding mandatory minimum sentence have been enacted. Therefore, certain crimes, such as drug trafficking and violent crime, have specified minimum sentences.

This ensures that offenders of similar crime get similar sentence. This prevents judges from considering factors such as culpability while deciding on the appropriate sentence (Ministry of Justice, 1997). Conclusion Starting from the 1990s, the criminal justice systems began to evolve through enactment of sentencing guidelines. Most countries have homogenized sentencing strategies that provide guidelines for minimum sentences for various kinds of offence. The guidelines aim at ensuring that the offenders are sentenced according to the seriousness of crimes committed and the level of their responsibility.

Mandatory sentences guide the judges ensure that offenders of a similar crime get the same sentence. References Beale, S. (2006). The news media's influence on criminal justice policy: How market-driven news promotes punitiveness. William and Mary Law Review, Volume 48 (2), 397-481. Ministry of Justice. (1997, November). Sentencing policy and guidance - A discussion paper. Retrieved from ww.justice.govt.nz/publications/global-publications/s/sentencing-policy-and-guidance-a-discussion-paper Shahidullah, S. (2012). Comparative criminal justice systems: Global and local perspectives.

New York: Jones & Bartlett Publishers.