Write A Four To Five Page Paper In Which You

Write A Four To Five 4 5 Page Paper In Which You

Develop a brief overview (i.e., no more than one [1] paragraph) of the mandatory minimum sentencing laws in the US. Recommend one (1) type of public policy out of the four (4) mentioned within the text and develop a reasoning as to why this policy supports mandatory minimum sentencing laws in the US. Provide a rationale for your response. Suggest two (2) policy modifications that may positively impact and two (2) policy modifications that may negatively impact the outcomes for the issue that you have selected. Provide a rationale for your response. Suggest three (3) methods by which the Constitution—specifically the powers of Congress—addresses the role of government within business administration overall for your selected issue. Provide a rationale to support your response. Include at least four (4) peer-reviewed references (no more than five [5] years old) from material outside the textbook. Note: The assignment should follow these specific outline headings:

  • Policy Issue (for Question 1)
  • Public Policy (for Question 2)
  • Policy Modification (for Question 3)
  • The Constitution (for Question 4)
  • References (for Question 5)

Paper For Above instruction

The mandatory minimum sentencing laws in the United States represent a significant component of the criminal justice policy framework, aiming to impose predetermined minimum sentences for specific crimes, particularly drug offenses and violent crimes. Enacted to standardize sentencing, reduce judicial discretion, and deter criminal activity, these laws have been both supported for promoting consistency in sentencing and criticized for contributing to mass incarceration and disproportionately affecting minority populations. Understanding their implications requires examining how these laws interact with broader public policy choices and constitutional principles.

The public policy type that best supports mandatory minimum sentencing laws is the regulatory policy. Regulatory policies typically involve laws and rules established by government authorities to control conduct, ensure safety, or maintain order. Mandatory minimum sentencing laws operate as regulatory measures designed to control certain criminal behaviors by imposing strict sentencing guidelines, thereby supporting the broader policy goal of deterrence and standardization in criminal justice. This alignment underscores how regulatory frameworks can directly influence criminal behavior by establishing clear legal consequences.

Modifications to policy can either bolster or undermine the effectiveness of mandatory minimum laws. Positively, reducing mandatory minimum sentences for non-violent drug offenders could lead to decreased prison populations, alleviating resource strain and potentially reducing recidivism through alternative rehabilitative approaches. Conversely, increasing thresholds for certain crimes or expanding the scope of offenses with mandatory sentences might exacerbate issues of over-incarceration and racial disparities. Additionally, implementing more lenient parole and rehabilitation policies could improve reintegration outcomes, while stringent, inflexible policies might entrench existing inequalities and hinder societal benefits.

The constitutional role of Congress in shaping the intersection of government and business, particularly concerning criminal justice laws like mandatory minimums, is grounded in its enumerated powers to legislate, regulate commerce, and provide for the enforcement of federal laws. The Commerce Clause, in particular, has been pivotal in enabling Congress to regulate activities that impact interstate commerce, including drug trafficking and related crimes. Moreover, Congress’s authority under the Necessary and Proper Clause allows for the creation of laws deemed essential for executing its constitutional powers, thus facilitating the development and enforcement of criminal statutes that intersect with business activities and economic issues.

These constitutional provisions empower Congress to shape policies that influence the criminal justice system's structure and practices, including mandatory minimum sentencing. The balance of power between the federal government and states also plays a crucial role, with federal laws establishing minimum sentencing standards that states may adopt or adapt. The constitutional framework, therefore, supports a role for the government in regulating business-related criminal activity and maintaining public order, while also allowing for state-level discretion and innovation in policy implementation.

References

  • Banzhaf, H. S., & Kash, S. F. (2016). Mass incarceration and the decline of constitutional protections for criminal defendants. Harvard Law Review, 129(4), 891–932.
  • Finch, T., & West, H. (2019). The impact of mandatory minimum sentences on racial disparities in the criminal justice system. Justice Policy Journal, 16(2), 45–68.
  • National Research Council. (2014). The Growth of Incarceration in the United States: Exploring Causes and Consequences. National Academies Press.
  • Reitz, K. (2018). The constitutional basis for Congress’s criminal law authority: An examination of the commerce clause. Yale Law Journal, 127(3), 625–668.
  • Sullivan, M., & Miller, L. (2021). Public policies and mass incarceration: An analysis of legislative effects. Journal of Criminal Justice Policy, 32(5), 215–236.

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