The Dangers of Mandatory Minimum Sentences
Like many other states, Rhode Island imposes mandatory minimum sentences for certain crimes. The purpose of a criminal sentence is to protect the public, deter future crime, and rehabilitate the offender. Unfortunately, mandatory minimums often fail to achieve these goals. However, mandatory minimum sentences can often do more harm than good.
What Is A Mandatory Minimum Sentence?
A mandatory minimum sentence is a fixed statutory punishment prescribed for a specific crime. Typically, after a conviction, a judge determines the appropriate criminal sentence. While judges have the discretion to consider various mitigating factors related to the defendant’s circumstances, mandatory minimums limit their ability to tailor sentences to fit the unique details of each case.
Mitigating circumstances that might come into play include:
- The facts of the case
- Certain characteristics of the defendant
- The victim’s wishes
- Mental health or substance abuse issues
- Lack of prior criminal records
The judge could also consider sentencing guidelines that recommend a sentence in line with similar cases. A mandatory minimum sentence eliminates this process. It forces a judge to give a certain sentence, regardless of the circumstances.
Mandatory Minimum Sentences Are A Problem
Since the widespread adoption of mandatory minimum sentences, numerous organizations have studied their impact. It is widely recognized that these sentences are problematic, as they fail to achieve their intended goals of reducing crime and promoting justice. Primarily, they do (or fail to do) the following:
They Don’t Deter Or Reduce Crime
There is no evidence to suggest that mandatory minimum sentences effectively deter or reduce criminal behavior. Many individuals who commit crimes are unaware of the specific charges that carry mandatory minimum sentences before they act. Research consistently shows that the most effective deterrent is the likelihood of being caught rather than the imposition of lengthy prison terms.
They Increase Prosecutorial Power
Initially, many lawmakers believed that mandatory minimum sentences would remove judicial discretion and standardize punishments. However, in reality, they simply shifted discretion from judges to prosecutors, significantly increasing prosecutorial power.
Prosecutors hold the power to decide which charges to bring against a defendant, including whether to charge them with a crime carrying a mandatory minimum sentence or a lesser offense. This is where a skilled criminal defense attorney becomes crucial, as they can challenge prosecutorial decisions and advocate for their clients’ rights throughout the legal process.
Many prosecutors leverage this power in plea negotiations, charging defendants with the mandatory minimum offense and then offering a plea deal to a lesser charge. As a result, many individuals feel pressured into accepting plea deals, fearing the severe consequences of being convicted under the mandatory minimum sentence at trial.
They Promote Racial Disparities
Many advocates of mandatory minimum sentencing argued that it would reduce racial disparities. Unfortunately, the opposite is true. Black people are more likely to face mandatory minimum sentences than white people. That’s because black people are more likely than white people to be arrested and charged with crimes carrying mandatory minimums.
They Raise The Cost Of Incarceration
In 2023, Rhode Island spent an average of $116,671 per year to incarcerate one person. This is a significant cost, especially since the median income in Rhode Island in 2022 was $81,370. When people get mandatory minimums, they are in jail longer than if they were not subject to mandatory minimums. That means that the state is spending more money to incarcerate them.
Defending Against Mandatory Minimum Charges
If you are facing a charge that carries a mandatory minimum sentence, you still have the right to defend yourself. The same legal defenses apply as they would for any other charge, regardless of the mandatory minimum. However, the stakes are significantly higher at trial. If convicted, you will be subject to the mandatory sentence with no option for early release, and you cannot argue for a reduced sentence. This makes the risks of going to trial much greater.
If you believe there is a significant risk of losing at trial, negotiating a plea deal may be a viable option. A plea deal could result in a lesser charge, potentially without a mandatory sentence. A skilled criminal defense attorney can engage with the prosecutor, using evidence to strengthen your case and secure a more favorable outcome. Ultimately, the decision to go to trial is yours, but it’s crucial to ensure you have a strong defense strategy in place before proceeding.
Contact Our Criminal Defense Law Firm – Manosh Payette Criminal Defense Attorneys
For more information, please contact the Rhode Island Criminal defense law firm of Manosh Payette Criminal Defense Attorneys for a free consultation, give us a call at 401-854-7794 or visit our convenient location:
Manosh Payette Criminal Defense Attorneys – Providence Criminal Defense Attorney
101 Dyer St Suite 2D,
Providence, RI 02903, United States