Americans Say No to Mandatory Minimums

A poll commissioned and released by Families Against Mandatory Minimums (FAMM) in September 2008 indicates that the majority of Americans are against mandatory minimum sentences for individuals who commit non-violent crimes.

The results from the poll show:

• 60 percent of the people polled oppose the existence of mandatory minimum sentences for nonviolent crimes (including a majority of both Republicans and Democrats)
• Nearly 80 percent said that they feel the courts are best qualified to determine sentences for individual crimes
• Nearly 60 percent said they would be likely to vote for a politician who opposes mandatory minimum sentences

Roots in the 1980s — Fears about Crack Cocaine

Mandatory minimum sentences for drug offenses are one of the toughest crime measures to come out of the 1980s. At that time, the public's fears about crack cocaine, other drugs and a crime wave led to a spate of mandatory minimum laws across the country.

Crack cocaine was once thought to be much more dangerous than "traditional" powder cocaine, and laws were implemented in the 80s for mandatory minimums — such as five years' minimum for possessing a small amount of crack cocaine. Experts have since proven that crack and powder cocaine are equally dangerous.

No Evidence that Mandatory Minimums Decrease Drug Crimes

The FAMM report contends that there is no convincing evidence that mandatory minimum sentences have brought about a reduction in drug crimes; rather, the minimums focused law enforcement time and money on small-time drug offenders instead of the drug kingpins.

The study's author, Molly Gill, suggested two alternatives to mandatory minimums:

• Repealing the mandatory minimum sentencing laws entirely, which would leave the guidelines for sentencing in place but allow for discretion by judges, or
• Expanding the existing "safety valve" that lets judges disregard the minimum sentences when specific criteria are met

Families Against Mandatory Minimums

The 'mission statement' of Families Against Mandatory Minimums, a non-profit organization founded in 1991, is, “We shine a light on the human face of sentencing, advocate for state and federal sentencing reform, and mobilize thousands of individuals and families whose lives are adversely affected by unjust sentences.”

(Source: The Christian Science Monitor; FAMM)

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