Mandatory Justice

Source: papers.ssrn.com 8/10/26 JaneAnne Murray University of Minnesota – Minneapolis Abstract: Mandatory minimum sentencing regimes, once touted as key elements in a prosecutor’s arsenal, are under fire. Empirical analysis of mass incarceration reveals the outsize role these laws have played in erasing trials, transferring sentencing power to prosecutors, and fueling guilty pleas. States have begun to repeal them; bipartisan bills in Congress propose judicial escape hatches from them; judges and professional organizations have condemned them. But what of the view of the public, in whose name the relevant statutes and…

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