Applying your Knowledge

Sentencing Reform

Many sentencing reforms have been an attempt to reduce disparity in sentencing and make the process more fair (Schmalleger & Smykla, 2007: 103). Although fair sentencing today often refers to fairness for victims, many suggest that any truly fair sentencing scheme must incorporate fairness for both victims and offenders (Schmalleger & Smykla, 2007:103). These are the issues related to fairness in sentencing (Schmalleger & Smykla, 2007: 103-5):

1. Proportionality - the sentencing principle that the severity of punishment should match the seriousness of the crime.
2. Equity - the sentencing principle that similar crimes and similar criminals should be treated alike.
3. Social Debt- the sentencing principle that the severity of punishment should take into account the offender's prior criminal behavior
4. Truth in Sentencing - the sentencing principle that requires an offender to serve a substantial portion of the sentence and reduces the discrepancy between the sentence imposed and actual time spent in prison

Homework

1. Read the first two articles on the previous page on mandatory minimum sentences for drug offenses and sentence differences for offenders involved with powder or rock cocaine.


2. Draft a position paper to argue either for or against keeping drug laws as they are. Present your opinion clearly and with sufficient detail.


3. Submit the position paper to the Lesson 3 Laws drop box.