Mandatory minimum sentences have always been a controversial topic in the U. S. In Florida, they tend to be very harsh on certain offenses, specifically drug and firearm offenses.
In fact, Florida is one of the toughest states in the nation when it comes to punishing crime. The government wanted a major deterrent for some serious crimes. Crimes like sex offenses against children, and heroin trafficking beyond a certain amount carry mandatory life sentences.These statutes have targeted drug traffickers, convicted felons, sex offenders, and gun offenders to try and deter their behavior, if not incapacitate them from committing any crimes at all once they are convicted.
In my opinion, some of these mandatory minimums are justified. Child sex offenders should have a very short leash and should be kept away from the general population. Also, released felons who commit crimes once they are released are automatically locked into certain sentences. In all, Florida has some very strict sentencing statutes in place to keep people who commit serious crimes behind bars.Mandatory minimum sentences cover a variety of different offenses.
Drug offenses are the first type of offenses that carry mandatory minimums. The sentences vary by the type of drug and the amount of the drug. Marijuana is the first drug listed, where 25-2000 pounds carries a minimum sentence of 3 years in prison and a $25,000 fine . 2000-10,000 pounds carries a mandatory minimum sentence of 7 years and a $50,000 fine, and over 10,000 pounds carries 15 years and a $200,000 fine.
Cocaine carries much harsher sentences. 28-200 grams carries a 3 year sentence and $50,000 fine. 200-400 grams carries a 7 year sentence and a $100,000 fine, and over 400 grams carries a 15 year sentence with a $200,000 fine. I could go on and on with the sentences for drug offenders, but there is one message that the state wants to get across.Do not traffic drugs, otherwise you will be thrown in jail, no if ands or buts. This is part of the states harsh policies to try and control drug trafficking.
Unfortunately, these policies have had little or no effect on drug trafficking. The next class of offenses that carries mandatory inimums are child sex offenses. Child molesters are thrown in jail for 25 to life, with a life sentence being handed down for a second offense. It is very clear that the state has a zero tolerance policy for child molesters. These sentences include child pornography cases.
Gun offenses are also taken very seriously in Florida. A person who is in possession of a firearm during a crime like burglary or aggravated assault is locked in jail for at least 3 years, and if the crime they were involved in is serious enough, it goes up to 10 years.If someone is murdered or seriously injured during the commission of the crime it is a 25 year sentence, while just discharging the weapon carries a 20 year sentence. Semi automatic weapons carry a whole separate set of mandatory minimums, and a person gets 15 years for just possession of one during the commission of a crime.
The next category of mandatory minimums covers habitual felony offenders. It is similar to the three strikes statute that some states have implemented, but does not put them away for life.Sentences can vary from 5-15 years depending on what kind of crime was committed. The same concept applies for violent felony offenders, where the penalty is also 5-15 years of incarceration. For those who were released from prison and commit a crime within 3 years of their release, the penalties are quite stiff.
A 3rd degree felony calls for 5 years, a 2nd degree felony calls for 15 years, and a 1st degree felony carries 30 years. Anything more serious than that carries a life sentence.The next class of mandatory sanctions includes something similar to the three strikes policy. It is however, a little more lenient than other state's policies. A person who is convicted of a violent 3rd degree felony that was his/her 3rd offense is on the hook for a 5 year sentence. If it's a 2nd degree felony, they're going in for 15 years.
A 1st degree felony will send them to jail for 30 years and if the offense is punishable by life, they will get exactly that.The last class of offenses is a specified three strike program that covers offenders that have been convicted of aggravated stalking, aggravated child abuse, or a number of other specified violent felony offenses. A conviction in these cases carry 10 years for 1st degree felony, 30 years for a 2nd degree felony, and life for anything worse. Many people argue that mandatory minimum sentences are ineffective and are the wrong way to handle crime.
I agree with this website's views of mandatory sentences that the site proposes.Mandatory minimums take away a judge's discretion when it comes to sentencing. Even if there were mitigating circumstances where the judge things a lighter sentence would be appropriate, an offender is locked into that mandatory minimum sentence. Judges should be given discretion in all cases. They are appointed to their position of power for a reason, let them do their job.
Individualizing sentences gives the judge more discretion in cases and allows for sentencing guideline systems to determine appropriate sentences, with room for adjustment depending on culpability.Another alternative for mandatory minimums are “safety valves”. If more states implemented safety valves into their laws, it would allow for certain cases to circumvent mandatory minimums if they met the criteria. Theses safety valves encourage cooperation with the authorities and allow for some offenders to get the sentences they truly deserve instead of being locked into a mandatory minimum. Also, nowadays courts are developing programs like drug courts and other alternative means to incarceration that are more effective and easier on the taxpayer's wallets.
