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English 123
Professor Alzen
Fall 2016
Literature Review
biggest problem psychological toll these inmates face is reentry back into
the public. This may be the most prevalent for drug offenders serving long
terms as a result of long sentencings laws. The longer the sentence the more
likely the inmate will be dependent on the institution, which can hinder
decision making.
Both Nesmith and Batey agree that there is a need for congressional
action to remedy the policies of mandatory minimum sentencing in order to
correct the current problem that we have with mass incarceration. The main
problem that exists is the overly tough mandatory minimum sentencing and
the difficulty in reintegrating ex-prisoners into society-can only be addressed
by Congress. (Nesmith n83). To address this, the Smarter Sentencing Act
was introduced by Senator Dick Durbin and Mike Lee, which seeks to
modernize drug sentencing policies. This bill would cut the current
sentencing length in half as well as expanding exemptions for non-violent
offenders that have little or no criminal history. The bill was voted out, but
unfortunately this bill was has been prevented from moving forward.
Nesmith discusses a second bill that was introduced by Senator
Sheldon Whitehouse and John Cornyn. The Recidivism Reduction and Public
Safety Act seeks to reduce recidivism, increase public safety and reduce the
federal prison population. (Nesmith n87). This bill seeks to expand prison
jobs, drug treatment programs, and academic classes in order to prepare
inmates for life post-jail. The inmates are also able to earn early release
credits to the successful completion of these programs. This bill has been
voted out, however has been stalled in moving forward.
Mass incarceration can only be fixed with just, fair, and effective
sentencing systems according to Tonry (2014). First the three strikes rule
should be repealed and any three-strike law, mandatory sentencing, and
other comparable laws should be narrowed significantly. Tonry made several
proposals that can change the sentencing laws in the United States and if
adopted would significantly reduce the number of people in prison in the
future. However this adoption would not significantly reduce American
imprisonment in 2015 or in 2020. This would require execution of new laws
that reconsider sentencing that is currently in place.
These three sources all have a specific purpose that will help in arguing
against the mandatory minimum sentencing that is currently in place.
Eliminating or seriously revising the mandatory minimum sentencing laws
will help the United States reduce mass incarceration, and help cost and
benefits to the public, inmates and their families.
Works Cited
Batey, Robert. "Mandatory Minimum Sentencing: A Failed Policy." Phi Kappa
Phi Forum 82.1 (2002): 24. Academic Search Premier. Web. 28 Nov.
2016.