Less Time, Less Crime

     Every year, millions of Americans go through the criminal justice system, some for major offenses such as murder and rape, and some for minor crimes, including drug charges. The American justice system is designed to function on a platform of equality and fairness, which is not the case in some trials due to mandatory minimum sentences. These lengthy mandatory sentences, largely regarding drug charges, were implemented in the 1980's, continuing President Nixon's “war on drugs”. Mandatory minimums require that offenders serve a predefined term for certain crimes, not taking into account the explicit information pertaining to each case. The Supreme Court has upheld hefty mandatory terms of imprisonment over the challenge that they violate the Eighth Amendment’s prohibition against cruel and unusual punishment, but it is time for the government to abolish these racially charged laws across the nation and instead shift focus to rehabilitation.

     Prisoners and their loved ones know all too well the harmful consequences of harsh mandatory minimums, but our nation’s one-size-fits-all approach to punishment affects all citizens. Mandatory minimums are a big reason why the prison population has exploded over the past few decades. According to the United States Sentencing Commision, the number of drug offenders in prison has increased 21 times since the laws went into affect. The average cost of incarcerating an American prisoner varies state to state, from $14,000 to $60,000, and nearly half of all federal prisoners are serving time for drugs. As a taxpayer in the U.S., these numbers are very alarming. 

     Beyond the sheer amount of money it costs American citizens, there are plenty of studies showing that mandatory minimums don't actually reduce crime. In the past decade, 17 states have lessened their mandatory sentencing, and all 17 states have cut their prison populations and seen a decrease in crime rates. 

     Controlling for other factors, the United States Sentencing Commission found that between 2007 and 2011, black male defendants received sentences 20% longer than their white counterparts. Starting in 1983, around the start of mandatory minimum sentencing, up to the present day, the number of African-Americans sent to prison for drug offenses is up more than 26-fold, compared to a 7-fold increase for whites, even though the rate of drug use between the races is roughly equal. All of these numbers lead to the conclusion that while African-Americans are about 1% more likely to use drugs, they have an arrest rate 4-5%  higher for drug related crimes. Individual responsibility must always be a primary consideration in deciding sentences, but we must also acknowledge that there is a racial bias in the criminal justice system. The disparity in incarceration rates has bred distrust, alienating communities of color from those who serve valiantly in law enforcement. 

     We are facing in the right direction, however, with politicians on all sides starting to recognize the damaging effects that mandatory minimums have, both fiscally and socially. There have been initiatives introduced into the legislature, such as the Smart on Crime initiative created by ex-Attorney General Eric Holder, that strive to reduce the mandatory minimum sentences for low level drug offenses and encourage more investment in rehabilitation programs to tackle recidivism. Criminal justice reform will benefit everyone, from over-taxed law obeying citizens, to ex-offenders seeking redemption. The time to fix America's broken justice system is now, and it starts with abolishing mandatory minimum sentencing.