Sentencing Reform in Incarceration Rates
The Sentencing Reform and Corrections Act of 2015 (S.2123) was introduced in the Senate by the Judiciary Committee on October 1, 2015 but was not enacted. It died with the 114th congress. The House of Representatives version, the Sentencing Reform Act of 2015 (H.R. 3713) also died with the 114th congress. The sponsors of both bills believed that sentencing reform would reduce incarceration rates.
Take a position. Do you agree that sentencing reform is needed to lower incarceration rates?
First, title your initial post either “Sentencing reforms should be enacted” or “Sentencing reforms should not be enacted.”
Then, using the information gained in this module and the resources noted above, make your case. Be sure to build your case with factual resources. Consider the following questions as you make your case:
- Do you believe that criminal sentencing laws have led to increased incarceration rates? Why or why not? What are the pros and cons of sentencing reform?
- What are the predicted outcomes of each?
- Should judicial discretion be included as a sentencing reform? Why or why not?
In response to your peers, consider how well they justified their positions, making use of available resources. Consider the following questions in your responses to posts:
- Did they support their position convincingly with appropriate resources?
- Which of their points make the most sense to you, even if you made a case for the opposing viewpoint?
Criminal sentencing laws have indeed contributed to the increased incarceration rates in the United States. Over the past few decades, there has been a significant shift towards longer and harsher sentences, especially for nonviolent offenses. Mandatory minimum sentences, three-strikes laws, and other similar policies have resulted in overcrowded prisons and disproportionately affected marginalized communities. The focus on punitive measures rather than rehabilitation has not only strained the criminal justice system but has also failed to effectively address the root causes of crime.
The pros of sentencing reform are numerous. Firstly, it can lead to a reduction in incarceration rates by promoting alternative sentencing options such as diversion programs, drug courts, and community-based corrections. These approaches prioritize rehabilitation, allowing individuals to address the underlying issues that contribute to criminal behavior, such as substance abuse or mental health problems. By offering appropriate support and treatment, sentencing reform can break the cycle of recidivism.
Moreover, sentencing reform can address the issue of racial and socioeconomic disparities within the criminal justice system. Certain communities, particularly communities of color, have been disproportionately affected by harsh sentencing laws. Reforming these policies would help mitigate these disparities and promote a more equitable system of justice.
