The Link Between Mandatory Minimum Sentencing and Recidivism, Research Paper

Introduction

Society has always used the sanctions imposed by the legal system to control and deter crime. The US, in particular, has employed prison sentences, especially the mandatory minimum sentencing to suppress criminal conduct. The approach discredits the role of jurists in weighing the factors surrounding criminal cases and determining the best sentence terms for the convicts. The judicial system, therefore, has the minimum sentencing for some criminals, especially those related to drug abuse, robbery with violence, or other capital crimes. Beckett and Beach (2021, p. 14) reasoned that the main justification for mandatory minimum sentencing is that they teach offenders that the punishment for their actions is certain and severe and that their undesirable behaviors are associated with negative outcomes. It is thus grounded on the notion that specific sentencing deters crime. There are, however, different schools of thought with unique reasoning on the need for mandatory sentencing. According to Aharoni et al. (2019, p. 43), the proponents of mandatory minimum sentencing argue that incarceration suppresses criminal behavior. On the other hand, the opponents of mandatory minimum sentencing argue that prisons increase criminality and recidivism (Heffner and FeldmanHall 2019, p. 5). Thus, it is essential to understand the link between mandatory minimum sentencing and criminal repeat behaviors to allow the policy and decision-makers to formulate the best policies that guide the sanction approaches in the criminal justice system.

Research Question and Rationale of the Study

The study’s research question is, “Does mandatory minimum sentencing result in offenders’ subsequent criminal behaviors after serving in jail? The role of the punishment is to change the behavior of the offenders. It is therefore expected that jail terms, one of the modes of punishing criminals, would have positive implications for the conduct of the convicts after their prison sentence. The topic is interesting since its findings would inform the need to change policy to adopt the best measures that deter crime, assure society of safety, and suppress criminal activity after the offenders are subject to the best sanction method in the judicial system.

Literature Review

Prisons have always been viewed as places where criminality is suppressed, with rehabilitation programs helping individuals to adopt desirable behaviors. The prison experience itself acts as a deterrent. According to the deterrent theory, individuals subjected to a more severe punishment are likely to suppress their engagement in criminal behavior in the future (Johnson 2019, p. 48). Economists have supported this notion with a specific deterrence model. According to economists, incarceration is a costly experience because it makes criminals lose their jobs and their extra earnings. Additionally, the stigmatization associated with imprisonment stop individuals from engaging in crimes after their release (Aharoni et al. 2019, p. 47). Thus, former offenders are less likely to engage in criminal activities after experiencing the harsh economic costs of criminal activities. Besides the cost element, the proponents of mandatory minimum sentencing argue that prison life is degrading and a dehumanizing experience that must be viewed as a psychological cost of wrongdoing (Baranyanan 2021, p. 86). Therefore, the harsh experiences deter potential criminals, especially those who directly experience prison life.

The opponents of mandatory minimum sentencing argue that prisons are schools of crime since they encourage instead of deterring undesirable conduct. According to Davis et al. (2021, p. 896), inmates who serve longer in prisons become culturalized into crime, thus strengthening their criminal conduct. Such individuals are reported to get used to prison life and, therefore, are more likely to recidivate than the inmates who have served a short time. Aspects of popular culture, such as cinema, reinforce the perception that jail centers are mechanistic and brutal environments likely to increase criminality (Heffner and FeldmanHall 2019, p. 9). The incarceration process destroys inmates’ emotional and psychological well-being, making it hard for them to adjust to societal norms and values upon release. As such, the criminals are likely to participate in criminal activities upon release since they are used to the prison environment and, therefore, unable to adjust after serving their long jail terms (Davis et al. 2021, p. 898). The stigma associated with prison life also explains why individuals subjected to prolonged imprisonment are likely to recidivate. Therefore, mandatory minimum sentencing is associated with heightened criminal conduct on the originally imprisoned offenders.

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