Smart Alternative Solutions to Mandatory Sentencing Laws
Restore judges’ discretion to fit the punishment to the individual.
Judges – not legislators, prosecutors or defense attorneys – should determine appropriate sentences based on the facts of each case they consider. To insure a judge’s decision will meet standards for appropriate punishment, the prosecutor or the defendant can appeal the judge’s sentences. This safeguard and sentencing guidelines prevent judges from delivering sentences that are too soft or too tough.
Support sentencing guidelines.
In 1986, Congress established sentencing guidelines and mandated using guideline ranges for all offenses. In 2005, the U.S. Supreme Court made the guidelines advisory. These now-advisory guidelines help prevent wildly disparate sentences for similar crimes, while allowing sentence adjustments based on culpability. Although, not perfect, guidelines do a better job of ensuring the punishment fits the crime and the defendant.
Use “smart-on-crime” approaches.
Consider sentencing alternatives – such as substance abuse treatment, drug court supervision, probation, and community correctional programs – as well as incarceration.