Mandatory Minimums: The Drug War In 2002, Weldon Angelos was arrested after selling $350 of marijuana to an undercover

police informant (Rodgers). Prior to this incident, he had no criminal record. Prosecutors charged him with a sentence of 55 years. However, the sentencing judge described this punishment as cruel, unjust and irrational(Rodgers). Angelos fifty-five year prison term is a longer sentence than what he would have received had he hijacked a plane, beaten someone to death in a fight, or detonated a bomb in an aircraft (Riley). Beginning in the mid-1980s, in response to the crack cocaine epidemic and the growing rate of drug-related homicides, a series of laws were enacted. These laws created mandatory minimum sentences for dozens of drug crimes, based primarily on the type and quantity of the drug involved. Distributing 500 grams of cocaine, for example, carries with it a mandatory minimum prison term of five years. If caught carrying a gun during a drug trafficking crime, one can be sentenced to at least five additional years; if the gun is discharged for any reason, you will be given ten more years (U.S. Code). In 1994, Congress enacted a safety valve statute, providing a way out from under the mandatory minimums for certain lowerlevel, non-violent drug offenders. President Obama recently signed into law an act that reduced the sentencing disparity

between crack and powder cocaine and eliminated the five-year mandatory minimum for simple possession of crack cocaine (Fair Sentencing Act). However, even with the safety valve in place, as seen in the case of Angelos, some felons do not get lower-level sentences. Mandatory minimums have evidence-based sentencing guidelines, which assess a criminals risk of recidivism and then apply that knowledge in the decision to send a person to prison. Legislators established the guidelines in 1993 to study sentencing practices. Many believe that sentencing guidelines help achieve consistency and control discrimination (Young). Following these new rules, Oregon passed mandatory minimum sentences for 16 violent crimes in 1994. In their 2007 Report to Legislature, the Oregon Criminal Justice Commission stated, Recent research indicates that incarceration significantly affects crime rates ("Oregon Crime Data: Are We Safer"). With the implementation of these sentences, the violent crime rate has dramatically dropped and still continues to drop today. However, this was not the only reduction. Bill Jones, a state assemblyman from California, found that the new rules saved California $28 billion by preventing 2 million crimes (Marks). According to U.S. Attorney David Risley, the purpose of mandatory minimum sentences is to prevent the judicial trivialization of serious drug crimes (Risley). However,

because the mandatory minimums are being applied to almost every drug case, this establishes an acrosstheboard sentence for criminals. Since 1986 with the passage of the drug-conviction mandatory minimums, the Bureau of Prisons budget has increased 534 percent, to $6.3 billion in 2011 (Hinkelman, Michael). Additionally, the recidivism rates have also increased 11.9 percent (Urahn). Many of the 650,000 longterm prisoners that are released create a safety problem in their communities. In 2008, Congress recognized the high rates of recidivism common in those criminals who re-enter society after serving long sentences (Gill). Molly Gill, a Hennepin County Attorney, states, Congress could remove all mandatory minimums for drug offenses, while retaining the existing sentencing guidelines for those offenses, and still allow the courts flexibility to impose appropriate sentences in all cases (Gill). These guidelines allow judges the flexibility to look behind the words on a verdict sheet, consider the facts and circumstances of each case, and determine appropriate punishment on an individual basis. Despite the difference of opinions regarding mandatory minimum standards, most agree that Congress will not significantly change the mandatory minimum statutes. According to James Robertson, there are two reasons for this. The first is that its a one-way ratchet. Ive never heard a politician

say we ought to reduce the penalty for anything. And secondly, there is no constituency for reducing the penalty for any crime (Murdoch). For now, Congress has decided to continue enforcing the use of mandatory minimum standards in the courtrooms.

Works Cited Bemporad, Henry J. "An Introduction to Federal Sentencing." Mar. 2008. Web. 12 Mar. 2012. <www.okwp.uscourts.gov/presentence/intro_to_federal_sentenc ing.pdf>. "Fair Sentencing Act of 2010." Public Law 111220. 3 Aug. 2010. Web. 19 Mar. 2012. <www.gpo.gov/fdsys/pkg/...111publ220/pdf/PLAW111publ220.pdf>. Gill, Molly M. "Correcting Course: Lessons from the 1970 Repeal of Mandatory Minimums." 21 FED. SENTG REP. 55, 2008. Web. 19 Mar. 2012. <ttp://www.famm.org/Repository/Files/11.FSR.21.1_5568%5B1%5D.pdf>. Gill, Molly M. "Correcting Course: Lessons from the 1970 Repeal of Mandatory Minimums." FAMM. Oct. 2008. Web. 19 Mar. 2012. <http://www.famm.org/Repository/Files/8189_FAMM_BoggsAct_fi nal.pdf>. Hinkelman, Michael. "Mandatory-minimum Law Led to Surge in Federal Inmates, Spending." Philadelphia Daily News, 27 May 2011. Web. 19 Mar. 2012. <http://articles.philly.com/201105-27/news/29590246_1_mandatory-minimum-sentencing-lawsmandatory-minimum-sentences-drug-offenders>.

Marks, Alexandra. "The Impact of '3 Strikes' Laws a Decade Later." The Christian Science Monitor, 10 Mar. 2004. Web. 19 Mar. 2012. <http://www.csmonitor.com/2004/0310/p02s02usju.html>. Murdoch, Stephen. "The Debate Over Mandatory Minimums." Stephen Murdoch: The Debate Over Mandatory Minimums. The Washington Lawyer, Nov. 2001. Web. 19 Mar. 2012. <http://stephenmurdoch.com/writing-samples/the-debate-overmandatory-minimums>. "Oregon Crime Data: Are We Safer?" Oregon Catalyst. Alliance, 24 Aug. 2010. Web. 19 Mar. 2012. <http://oregoncatalyst.com/3445-Oregon-Crime-Data-Are-wesafer.html>. Riley, Kieran. "Trial by Legislature: Why Statutory Mandatory Minimum Sentences Violate the Separation of Powers Doctrine." Boston University Law Journal, Vol. 19, No. 2. July 2010. Web. 19 Mar. 2012. <http://www.bu.edu/law/central/jd/organizations/journals/pi lj/vol19no2/documents/19-2RileyNote.pdf>. Risley, David. "Mandatory Minimum Sentences: An Overview." Drug Watch International. Mar. 2000. Web. 19 Mar. 2012. <http://www.drugwatch.org/Mandatory%20Minimum%20Sentences.h tm>.

Rodgers, Melinda. "Supreme Court Won't Hear Case." Utah Local News. The Salt Lake Tribune, 4 Oct. 2011. Web. 12 Mar. 2012. <http://www.sltrib.com/sltrib/news/5267669978/angelos-court-drug-charges.html.csp>. Urahn, Susan K. "State of Recidivism The Revolving Door of Americas Prisons." Pew Center On The States, Apr. 2011. Web. 23 Mar. 2012. <http://www.pewtrusts.org/uploadedFiles/wwwpewtrustsorg/Rep orts/sentencing_and_corrections/State_Recidivism_Revolving_ Door_America_Prisons%20.pdf>. "US Code - Section 924: Penalties." 18 U.S.C. 924: US Code. Web. 19 Mar. 2012. <http://codes.lp.findlaw.com/uscode/18/I/44/924>. Young, Virginia. "House Targets Sentencing Guidelines." St. Louis Today, 15 Apr. 2011. Web. 19 Mar. 2012. <http://www.stltoday.com/news/local/govt-andpolitics/article_7b80ebd6-99d6-5d6a-a330f6a06e0ab3f7.html>.