MANDATORY MINIMUMS: EQUAL BUT UNEQUAL

Abstract

The war on drugs promulgated drastic sentencing reform in the 1980s that has proven to be disastrous to the American criminal justice system. Decades-worth of mandatory minimum sentencing reveals the deleterious effects these provisions inflict upon the American population. Mandatory minimum sentencing undermines the criminal justice system by eroding fundamental fairness, tying judges’ hands, and discriminating against defendants’ distinctive cases. These laws arbitrarily and disproportionately impact minorities, overcrowd prisons, and incur unconscionable expenses. This article argues for the abolition of mandatory minimum sentencing for drug offenses and the restoration of judicial discretion. This article proposes that Congress take legislative action to resolve the multitude of issues associated with mandatory minimum sentencing. Abolishing mandatory minimum sentencing and restoring judicial discretion is paramount to rectifying the deleterious effect of the war on drugs and rehabilitating the criminal justice system. Taking action in this way has the capability to deter excessive plea deals, decrease the number of low-level offenders in prison, curb racial disparity, reduce recidivism, lessen mass incarceration, and save taxpayers thousands of dollars annually. Part I of this article highlights an array of problems associated with mandatory minimum sentencing. Part II argues for the legislature to abolish mandatory minimums to resolve the shortcomings addressed in Part I. Part III explains how abolishing mandatory minimums will positively affect the criminal justice system and expounds upon the issues and the resolution proposed in Part I and II, respectively.