Pros And Cons Of Mandatory Sentencing

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The U. S. Sentencing Commission, in 1991, issues a report indicating that mandatory minimum sentences are incompatible with sentencing guidelines and that solutions are necessary to bring the two together. However, Robert Mueller, in “Mandatory Minimum Sentencing,” disagrees with the commission’s conclusions. He notes that mandatory minimums sentences guarantee a baseline, while sentencing guideline allow for mitigating circumstances. “The fact that mandatory minimum sentencing establishes a true floor makes them a uniquely important tool for the protection of society, rather than an intrusion into a rational sentencing system” (Mueller, 1992, p. 230). Having a fixed minimum prison term protects society by locking up dangerous criminals.