Mandatory Sentencing is the automatic imposition of a minimum number of years in prison for specific crimes. By design, mandatory sentencing laws take discretion away from prosecutors and judges so as to impose harsh sentences, regardless of circumstances.
As the "War on Drugs" reached its peak in the 1980s, the U.S. government began to set mandatory minimum sentences in place for federal drug crimes. This concept of mandatory minimum sentences has also been incorporated into the laws of many, if not most, states. As a result they have led to a trend of overly harsh sentencing for individuals who are convicted of federal and state drug crimes.
Mandatory minimum sentences are designed so that individuals who are convicted of certain types of drug crimes (or those who have certain mitigating factors in their federal drug cases) cannot have their prison terms set lower than a specific threshold, even if a judge believes the pre-set sentencing standards to be too severe for a particular case. There have been many cases in which lower-level, nonviolent drug offenders are slapped with extreme sentences simply because of the technicalities of the mandatory minimum sentence system that is in place.
According to Human Rights Watch, almost half (48%) of defendants who are charged with federal drug crimes are those who carry out "low-level functions." These are roles such as couriers or street-level drug dealers. Yet, three-fourths of those defendants receive convictions that make them subject to mandatory minimum sentences.
Texas is well known for its strict controlled substance and narcotics drug possession laws. A conviction possession of any illegal drug can mean that you face jail time, probation, fines, and a mandatory 6 month loss of your driver’s license. Although all states regulate the possession of controlled substances and the penalties for illegal possession, Texas not only classifies commonly abused drugs like marijuana, heroin, and cocaine but also the compounds used to manufacture them and, in many cases, the paraphenalia used to ingest them.
The Texas Controlled Substances Act provides for the finer points of law to be applied in cases of possession of illegal drugs. This act separates most controlled substances into different groups and assigns the penalties for possession. In most cases minimum sentences are outlined based on the quantity of drugs in your possession. For instance, Texas State Law dictates that possession of more than 5 lbs. of marijuana is a Third Degree felony punishable by a mandatory minimum sentence of no less than 2 years in prison.
While change is being proposed concerning mandatory minimum sentences, defendants today still have to deal with the reality of these overly severe penalties for federal drug crime convictions.
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