• Background: Minimum number of years for certain crimes, Three Strikes
• Debate: Unfair and Harsh, Reduces crime
• Differ between countries
• Recent Legislation

Background

• A mandatory sentence is a predetermined number of years in prison given to certain crimes that has been mandated by law. Minimum sentences are believed to reduce crime and ensure that sentencing for crimes is uniform. Potential criminals are expected to avoid crime because they can be certain to encounter a stiff penalty if caught.
• Minimum sentences were introduced to the United States in 1973 when New York State mandated a minimum sentence of 15 years for possession of more than four ounces of certain drugs. Federal Sentencing Guidelines imposed similar requirements.
• California enacted the "Three Strikes Law," requiring imprisonment for a minimum term of 25 years after a third conviction for a serious felony. The Three Strikes statues gained widespread popularity and were subsequently reproduced in many states.
• A 1997 Harvard study of a Massachusetts prison population found that nearly half of the offenders sentenced to long mandatory-minimum terms for drug related offenses had no record of violent crime.

Debate

• Opponents argue that jailing nonviolent and minor offenders, most of whom are imprisoned for drug procession or drug related crimes, is a waste of resources. Prison does not address the root of the problem- drug addition. It is also argued that uniform sentencing cannot be fairly applied to non-uniform crimes and that these laws have caused gross overcrowding in prisons.
• Proponents counter that it is an effective crime deterrent.

Country Comparison

• Minimum sentence laws differ between countries. Singapore and Malaysia have mandatory death penalty for many offenses, such as possession of a certain amount of illegal drugs. Foreigners often receive these sentences.

Recent Legislation

• A number of court cases have highlighted the problems with these laws and many are being repealed.