Awareness Wednesday :: Unintended Consequences — Mandatory Minimum Sentencing

mandatory minimum sentencing - Mormon Women for Ethical Government

The Old Testament is a fascinating read. The first five books, known as the Torah, lay out the Mosaic Law. There are various punishments prescribed for all types of offenses, the most severe being death. For instance, if there were a dispute between two men, and one of them was judged to be in the wrong, that man could be beaten. Or, if a woman intervened in an argument between her husband and another man in an unseemly way, her hand could be cut off (Deuteronomy 25).

Did you know that according to the Law of Moses, a person could be put to death for the following offenses?

• Hitting, cursing, or rebelling against a parent (Exodus 21:15, 17 and Deuteronomy 21:18-21)
• Abduction (Exodus 21:16)
• Worshiping other gods, aside from Yaweh (Deuteronomy 13:6-10)
• Breaking the Sabbath — including picking up sticks (Exodus 31:14 and Numbers 15:32-36)
• Not bleeding (women only) on your wedding night, “proving” you weren’t a virgin (Deuteronomy 22:13-22)

Of course, this list is not exhaustive.

Luckily we are not beholden to such laws today, as many of the most austere punishments are no longer practiced by mainstream religious communities, and governments usually provide the framework for civil laws and penalties. But did you know there are still punishments in place in the U.S. today that are extremely punitive, given the severity of some of the associated crimes? These are known as mandatory minimum sentences.

Historically, and still in most cases, the judge in a particular trial would pass down a sentence based on the seriousness of the crime committed and circumstances surrounding said crime. There is often a range in sentencing prescribed for a given crime. This is known as discretionary sentencing. Sometimes there can be great disparities in sentencing from one judge to another, or one case to another. Wouldn’t it be a good idea, it was thought, to remedy the idiosyncrasies in sentencing by making sentences more uniform?

In the middle of the twentieth century, mandatory sentencing laws began to appear in the U.S. Meant not only to create more uniformity in sentencing, they were also passed in an effort to create a general deterrence and stricter enforcement for repeat offenders and “major players,” like drug kingpins. At this point virtually all states have had minimum sentencing laws.

Cynthia Powell, a devoted mother and grandmother, was prescribed hydrocodone for chronic pain associated with diabetes. In 2002, an acquaintance of hers told her that she had the flu, and asked would Cynthia be willing to sell her some of her medicine. Cynthia refused multiple times, but eventually she gave in to the persistent calls, and sold this acquaintance 35 tablets for $300, thinking it would help make ends meet for the month. This acquaintance happened to be a confidential informant for the police.

Cynthia was sentenced to 25 years in state prison, which was the minimum for the quantity she sold — 29.3 grams of hydrocodone — which was just 1.3 grams above the trigger for the mandatory sentence. The judge apologized to her at her sentencing, but it was out of their hands.

Cynthia is called “Mama” in prison, because she is known for being nurturing. She is now 55 years old and has six years left on her sentence. In 2012 Florida reduced the penalty for her offense to a maximum of 15 years. It didn’t help Cynthia.

Alton Mills was a promising athlete. He played football for his high school in Chicago, but a devastating knee injury changed the trajectory of his life. It was an accepted fact in his neighborhood that there were three things a young black man could do: “Play sports, be a mechanic, or sell drugs.” When football was no longer an option, and after losing his job, he became a drug courier.

Alton ended up with two low-level drug offenses for carrying crack cocaine — fewer than 5 grams both times. On Sept. 8, 1993, at the age of 25, Alton was arrested for the third time. The third conviction triggered a mandatory sentence. Life in prison. The judge in Alton’s case called it “cruel and unusual” punishment, but his hands were tied. The leaders of the trafficking conspiracy with which Alton associated received relatively light sentencings in return for testifying against the young men who sold drugs for them.

Alton spent 22 years in prison, nearly as long as he had lived out of prison before his sentence. In prison, he strove to better himself and keep in contact with his family, including his daughters, the youngest of whom was 19 months old when he was sent to prison. On December 18, 2015, President Obama commuted Alton’s sentence.

Unfortunately, these laws have weighed heavier on black and Hispanic communities than they have on the rest of the population. A 2011 report showed that of all the offenders carrying a mandatory minimum sentence, 39% were black, 31% were Hispanic, and 28% were white. As of 2014, 64% of prisoners living with life without parole convictions for non-violent drug offences were black.

Did you know that black and Hispanic Americans make up 32% of the population of the U.S. but make up 56% of the populations in correctional facilities? That is five times the rate of white Americans. Black women are twice as likely to be incarcerated as white women. Between 2015 and 2017 similar rates of black Americans and white Americans reported using illicit drugs within the previous month, yet imprisonment rates were six times higher for black offenders. For many years there was a huge disparity (as much as ten times) between the minimum sentence associated with carrying crack cocaine vs. powder cocaine. Crack is commonly found in inner cities, while powder is a favorite in the suburbs.

Another unintended consequence associated with minimum sentencing is that they are often used by prosecutors to garner plea deals. They are regularly held over the heads of offenders to scare them into taking a less harsh plea, instead of facing the possibility of a mandatory sentence in their constitutionally prescribed trial by jury. Today, 95% of convictions are due to guilty pleas as opposed to jury verdict.

Recently, great efforts have been made to reform or repeal mandatory sentencing, but many people remain behind bars because not all new laws have been applied retroactively. As of 2014, over 16,000 prisoners were still serving sentences passed under the harsher crack laws.

Imprisonment is associated with other devastating consequences beyond the years lost. Former inmates are 50% less likely to get job callbacks and offers. There are extremely high rates of recidivism after incarceration. An estimated 68% of all released prisoners are arrested within three years, and a devastating 83% within nine years. Federal spending on prisons has increased at three times the rate of spending on education in the last 30 years. And while the U.S. makes up 5% of the world’s population, it claims 21% of the world’s incarcerated.

Many people speak of reforming the justice system in this country, but is it time for a complete overhaul?