In 1984 the Sentencing Reform Act was passed into legislation introducing mandatory sentencing to the criminal justice system. Essentially this means that a committee got together and discussed different crime violations and decided on a non-negotiable amount of time an offender will have to spend behind bars no matter what. Outlined by FAMM, a sentencing and prison policies reform organization here is the problem, “Mandatory minimum sentencing laws require judges to give all offenders convicted of a certain crime the same punishment — regardless of whether it fits the crime or the offender or is necessary to keep the public safe. Judges are not allowed to consider any special facts or unique circumstances, the offender’s role, the person’s motive or profit, whether someone was actually injured, and whether the person is likely to reoffend or can be rehabilitated. Mandatory minimum sentences result in lengthy, excessive sentences for many people, leading to injustices, prison crowding, high costs for taxpayers — and less public safety.” The bottom line, a squeaky clean record won’t gain you redemption or a lighter sentence just a hope that additional time won’t be added.
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The justice system, specifically the housing system, of America can make life much more difficult for someone with a criminal record. For example, though millions of people are released from jails and prisons combined every year in America, many of them have no family to move in with and have trouble finding proper housing of their own upon release. Those with mental illness are even more likely to face this kind of dilemma. With that being said, homelessness is a common issue amongst people who come out of jails and prisons trying to acclimate themselves back into the real world. Not only does this contribute overall to homelessness in America in this direct manner, but in many cases, it also causes people without criminal records to have to compete with them for the very same housing assistance resources. In many cases, people with criminal records are denied public housing altogether.
Probation and Parole is often described as a trap, one foot in the door (prison) one foot out. For many offenders who can’t afford adequate counsel, probation can seem like a saving grace a second chance, a way to avoid incarceration. However, the truth about probation and parole is that it’s the leading cause of mass incarceration and greatly contributes to an overcrowded prison system.
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August 2024
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