Sentencing a convicted defendant for his or her crimes has normally been left up to the discretion of a judge who

can normally select between a minimum or a maximum sentence of years and/or financial penalties, depending on the crime. Mandatory sentencing is defined as a "court decision setting where judicial discretion is limited by law ... [and where those] convicted" are automatically sentenced to a set period of incarceration (Definition, 2011). In mandatory sentencing "each case is treated in the same way and specific circumstances are not considered" as the judges' discretion in these matters is eliminated (Definition, 2011). Many in the United States have viewed mandatory sentences as necessary for the war on drugs and the war on crime (Coming, 2001). Such sentences have been seen as "get tough" on crime actions that are designed to deter potential criminals from committing crimes (Coming, 2001). Many do, indeed, claim that such laws have reduced crime and been positive for this reason. However, many others have said they have created painful overcrowding in jail, had a disproportionate effect on minorities, and not decreased the crime rate (Coming, 2001). Even worse, due to prison overcrowding results these laws have now lead to prisons in California and other states releasing inmates early, thereby raising the fear of worse crime rates (Coming, 2001; Narcotics, 2004). In the end, the evidence does not support any of the deterrence effect of mandatory sentencing and these laws have also failed to reduce crime rates while, instead, creating an ever-increasing class of permanent, repeat inmates (New York, 2004). The cost of maintaining the large prison populations created by mandatory sentencing has also lead states to become financially weak and forced some to reduce education spending to afford to incarcerate so many and led others to cut any rehabilitative programs that help those released stay clean of crime (Hansen, 2009). References Coming to a neighborhood near you; Prisoners on the streets. (2001). The Economist. Retrieved September 12, 2011, from http://www.highbeam.com/doc/1G1-74019676.html Definition sentencing. (2011). Justice action. Retrieved September 12, 2011, from http://www.justiceaction.org.au/index.php? option=com_content&task=view&id=159&Itemid=88 Hansen, L. (2009). States release inmates early to cut prison costs. NPR Weekend Edition. National Public Radio. Retrieved September 12, 2011, from http://www.highbeam.com/doc/1P1-174167682.html New York approves easing of sentences. (2004). Narcotics Enforcement & Prevention Digest. Retrieved September 12, 2011, from http://www.highbeam.com/doc/1P3779095811.html