The fallacy in the ‘toon and some of the discussion is that “Mandatory Sentencing…” is NOT (by definition & intent), “Guidelines”. The sentences are absolute for enumerated crimes (3 Strikes, etc.) or specific transgressions, without regard to circumstances, and take away the judges’ discretion regarding assessment of “punishment suited to the crime” In some jurisdictions, a third conviction for even a non-violent, no weapons drug offense can land a 20-something in prison for life – with no possibility of parole ! Many of the hand-slaps and light sentences have resulted from lazy, unethical and parsimonious investigations / prosecutions, obtaining a plea bargain to ease the over-load of law enforcement, prosecutors, courts, etc. It used to be aspired that “…better that ten guilty persons escape than that one innocent suffer” ~ Sir Wm. Blackstone (1765). Should the conservatives…Christians wish a better reference: Genesis 18:23-32. “Mandatory Sentencing” is NOT God’s answer…nor is “I felt threatened…so I shot him !”
The fallacy in the ‘toon and some of the discussion is that “Mandatory Sentencing…” is NOT (by definition & intent), “Guidelines”. The sentences are absolute for enumerated crimes (3 Strikes, etc.) or specific transgressions, without regard to circumstances, and take away the judges’ discretion regarding assessment of “punishment suited to the crime” In some jurisdictions, a third conviction for even a non-violent, no weapons drug offense can land a 20-something in prison for life – with no possibility of parole ! Many of the hand-slaps and light sentences have resulted from lazy, unethical and parsimonious investigations / prosecutions, obtaining a plea bargain to ease the over-load of law enforcement, prosecutors, courts, etc. It used to be aspired that “…better that ten guilty persons escape than that one innocent suffer” ~ Sir Wm. Blackstone (1765). Should the conservatives…Christians wish a better reference: Genesis 18:23-32. “Mandatory Sentencing” is NOT God’s answer…nor is “I felt threatened…so I shot him !”