The United States criminal justice system has reached a breaking point. Following a nationwide war on drugs, our prison population has grown at an unsustainable rate. Now, with the world’s highest incarceration rate, the billions of dollars spent each year to incarcerate prisoners have become economically infeasible. Further, with nearly half of the United States’ prisoners sentenced for drug crimes, the continuing racial disparities, revolving door of poverty and criminality, and destruction of American families are socially undesirable. Lastly, mandatory minimum sentences have largely stripped discretion from the judiciary and placed it squarely in the hands of the executive branch. It is time for our system to reflect a more balanced, stable, and fair structure of justice by embracing a smart-on-crime approach, rather than a tough-on-crime mentality.
This Article first explores the history of criminal sentencing in the United States, including the driving forces behind the mandatory minimum drug sentences. Following a discussion of the impacts that mandatory minimum drug sentences have had on families, the judicial system, and communities of color, this Article discusses two recent legislative proposals: the Smarter Sentencing Act and the Justice Safety Valve Act. First, the Smarter Sentencing Act, legislation aimed at remedying the harsh mandatory minimum sentences imposed on low-level drug offenders, is discussed, including its potential implications should it pass. Possible implications include a shift of power from the prosecutor back to the judge, a decrease in the number of incarcerated individuals nationwide, and desirable economic outcomes for our system. Next, the Article turns to the Justice Safety Valve Act, discussing its potential to lead to a more balanced system and recommending that it be amended to include criteria to be considered by judges to prevent the disparate sentencing that contributed to the minimums in the first place.
This Article proposes reformation of our current system, Viewing the recent legislative proposals as a step in the right direction, and arguing these proposals will save money, increase judicial discretion, and return a sense of fairness to the criminal justice system.