Friday, July 22, 2011

Do mandatory minimum sentences in drug cases work?

Mandatory Minimum Sentences

Mandatory minimum sentences are imposed in drug crimes to attempt to convey the seriousness of the crimes to those involved, and to bring together the gaps in the sentences issued from state to state by Judges who were allowed to determine the sentence on a per case basis, up to the maximum penalty allowed. The question then, is are these mandatory guidelines actually working to deter criminal drug activity?

Supporters of mandatory sentencing laws state that they are definitely doing their job, yet those who work for defendant's rights state that these results are skewed and do not take pre-trial decisions into account. The argument being that when an accused is facing a heavier sentence than they deserve, prosecutors and defense attorneys work together to achieve a fairer outcome in the pre-trial stage, thus negating the mandatory minimum sentence entirely.

All sides agree however, that mandatory minimum sentencing laws have brought everyone to the same place in terms of state to state sentences for drug crimes. There are no longer lenient states and harsh states when it comes to drug crimes. Whether you commit the crime in Alaska or Florida, you're going to have the same sentence imposed.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

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