Public Opinion and Mandatory Sentencing

Abstract

All Western nations have passed mandatory sentencing legislation that removes or greatly curtails judicial discretion. These mandatory sentencing laws have proliferated in recent years with predictable consequences for prison populations. A response to public demand for more severe sentencing is one of the justifications for mandatory sentences of imprisonment. In addition, politicians use mandatory sentencing legislation to enhance their standing in the eyes of the public. Politicians appear to assume that the public is strongly supportive of these laws, though scientifically valid surveys are never cited to support these assumptions. This article reviews the international findings from surveys that reveal that the public is deeply divided about mandatory sentencing. Part of the reason for this is that there is more support for proportional sentencing than for utilitarian goals, such as deterrence or incapacitation. In addition, survey data suggest that the electoral advantage of promoting these laws has been considerably overstated.