What Are Mandatory Minimums?

Mandatory minimums are laws that require judges to impose fixed prison sentences for certain crimes—usually drug, gun, or violent offenses—regardless of the individual circumstances of the case.

For example:

A first-time offender caught with a small amount of drugs might automatically receive 5, 10, or even 20 years in prison, with no chance for early release.

These laws were meant to be “tough on crime.”

But are they also tough on justice?

When Judges Lose Power

Normally, judges consider factors like:

• The defendant’s background

• Whether there was violence

• Whether the person poses a threat

• Whether rehabilitation is possible

Mandatory minimums strip judges of that discretion, forcing them to deliver sentences they might personally believe are unfair.

A System That Punishes Poverty and Race

Mandatory minimums were expanded during the “War on Drugs” in the 1980s and 1990s. The result?

• A massive increase in incarceration, especially for nonviolent drug crimes

• A system that disproportionately affected Black and Latino communities

• Overcrowded prisons and devastated families

Two people who commit the same offense might receive very different treatment—but if one is caught with a mandatory-minimum-triggering substance (like crack cocaine), they might go away for decades.

Unintended Consequences

Mandatory minimums often:

• Force plea deals: Defendants are terrified of the long sentence if they go to trial

• Treat people as numbers, not humans

• Lead to unjust punishments for low-level or nonviolent offenses

• Prevent rehabilitation, locking people up for longer than necessary

Even conservative judges and prosecutors have spoken out against them.

Rolling Back the Chains

In recent years, public outcry has led to some reforms:

• Congress passed the First Step Act (2018), reducing certain mandatory minimums

• Some states have repealed or scaled back their laws

• Judges and advocacy groups continue to call for restoring judicial discretion

But millions still remain imprisoned under these laws.

Thought Questions

• Do mandatory minimums ensure fairness—or erase it?

• Who should have the final say in sentencing: lawmakers or judges?

• Can we balance consistency with compassion?

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Lesson 8 – Private Prisons: Profiting from Punishment?