Week 4, Entry 1: Mandatory Sentencing-Justice or Travesty?

Much has been written about Mandatory Sentencing Rules . They prevent judges from giving "light" sentences to criminals to committ serious crimes. They keep criminals off the streets and serve as a deterrent to would be criminals. However, the question is, do these laws serve us well, or do they allow disproportionate punishments? What are the implications for our system of checks and balances and the role of the judiciary?

The central issue with these laws relates to the role of judges in our system. Should judges be government bureaucrats who simply enforce laws, or should they be allowed some latitude and discretion? Our system of government was built around a system of checks and balances, and the judicial branch’s role is to interpret the law. Part of their job is to ensure that the “spirit” of the law is followed and that punishments are proportionate to the offense and constitutional. Judges historically have discretion in sentencing, enabling them to appropriately recognize the unique aspects of each case. No two defendants are the same and a “one size fits all” approach does not serve justice well.



Mandatory sentencing guidelines prevent judges from ensuring proportionality in sentencing and interfere with the role of the judiciary. If some judges are giving out “light” sentences that are unwarranted, there should be mechanisms to remove those judges.  There are many different approaches to resolving disparities in sentencing, but limiting or taking away judges’ discretion in sentencing has frightening implications  If crime “X” results in punishment “Y” with the judge being permitted little or no discretion, then the balance of power is off, giving the Legislative Branch too much power. The criminal justice system at that point becomes like the IRS-where bureaucrats simply read the laws and regulations and apply them, with little or no consideration given to varying circumstances. This is a great example of why balance of power in the branches of our government is essential to the preservation of Liberty.