Many crimes carry with it certain minimum sentences which are mandatory by law. Most of these are federal crimes that cover extreme cases of firearms, fraud, drugs and sex offenses.
In most cases, judges are obliged to enforce these mandatory minimum sentences regardless if the crime poses no real danger to the public.
With the difficulty of maintain the prison system due to budget cuts, two U.S. Senators recently introduced a bipartisan legislation that will give judges some discretion in sentencing certain crimes that have mandatory minimums.
With the difficulty of maintain the prison system due to budget cuts, two U.S. Senators recently introduced a bipartisan legislation that will give judges some discretion in sentencing certain crimes that have mandatory minimums.
While the bill is seen as a crucial step to possibly ending minimum sentencing, there are some that questions the fairness and effectiveness of the provisions on the original safety valve imposed on drug charges. One noted that only a handful could avail of no minimum sentencing.
Sens. Rand Paul (R-KY) and Patrick Leahy (D-VT) are attempting to widen the provisions that would allow judges to sentence below the required prison term. This so-called “safety valve” provision used to cover only some drug charges, the new law seeks to expand and include all federal criminal charges that carry a mandatory minimum sentencing.
Many judges believe that minimum sentencing is unfair and a costly mistake that ties judges’ hands in determining the punishment for criminals while it gives those powers off to the prosecutors. It also contributes in bloating the country’s already inflated prison system. The bill is hoping to change all of that.
This new bill is garnering much praise from judges and various concerned groups including Families Against Mandatory Minimums who released a report recently on the safety valve provision on drug crimes.
While the bill is seen as a crucial step to possibly ending minimum sentencing, there are some that questions the fairness and effectiveness of the provisions on the original safety valve imposed on drug charges. One noted that only a handful could avail of no minimum sentencing.
Even FAMMS’ recent report suggests that a more lenient safety valve is needed; but admits that having one is better than none at all. While the federal legislation continues to determine the best course of action when it comes to minimum sentences, a legal professional may be able to explain more about available safety valve provisions and mandatory minimum sentences.
Many judges believe that minimum sentencing is unfair and a costly mistake that ties judges’ hands in determining the punishment for criminals while it gives those powers off to the prosecutors. It also contributes in bloating the country’s already inflated prison system. The bill is hoping to change all of that.
This new bill is garnering much praise from judges and various concerned groups including Families Against Mandatory Minimums who released a report recently on the safety valve provision on drug crimes.
While the bill is seen as a crucial step to possibly ending minimum sentencing, there are some that questions the fairness and effectiveness of the provisions on the original safety valve imposed on drug charges. One noted that only a handful could avail of no minimum sentencing.
Even FAMMS’ recent report suggests that a more lenient safety valve is needed; but admits that having one is better than none at all. While the federal legislation continues to determine the best course of action when it comes to minimum sentences, a legal professional may be able to explain more about available safety valve provisions and mandatory minimum sentences.
About The Author
Victor Dela Casa
is a Filipino-Canadian who spent over a decade working as a business
professional in Canada. Worked in IT, finance, marketing, international
trade, public service, project management and the maritime industry.
Earned degree in Economics from the University of the Philippines and
Business Administration Honours from Eastern College. Currently based in
the Philippines and working as a professional writer for a
multi-national business processes firm.
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