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Create an initial post taking a stance on whether the mandatory minimum sentencing philosophy is or is not an appropriate mechanism that serves the five objectives that we've learned about (retribution, deterrence, incapacitation, rehabilitation and restitution). As part of your post include specifics and detail describing thoroughly why you take the position that you do.

User Jaka
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1 Answer

20 votes
20 votes

Answer:

Sentencing should be determined based upon the defendant's background, character, reputation, physical conditions, mental capacity, educational background, previous training and experience, drug addiction history if applicable. Sentencing should not be standardized yet, personalized to make justice appropriate for the given case.

I think that mandatory minimum sentencing is not the best way to keep our communities safe. Many people in government, such as legislators and people in charge of law enforcement agencies, believe that mandatory sentences greatly reduce recidivism and promote rehabilitation of offenders, but I disagree. My personal views on this subject are heavily based on the research I have done both in school and outside of it. I do not believe that rehabilitation can take place in a prison and it is nearly impossible for them to hold employment when they get out of prison. Therefore my thoughts on this subject stem from my observations and experiences with the criminal justice system, coupled with research that I have conducted through news articles and scholarly journals.

Step-by-step explanation:

I believe mandatory minimum sentences are unfair and dont take into account individual circumstances. I base this primarily on the fact that all criminals are not the same and each one has a different reason to commit the crime(s). To say that all criminals should be treated in the same way is very unrealistic. We also cant take into account that 71% of wrongful convictions that were later overturned was because of inaccurate witness testimony (Bedau, 2009). I think these statistics show that mandatory minimums should be judged on a case by case basis.

User Morganfree
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