Sentencing and Mandatory Minimums

Empirical research shows that locking people up for lengthy periods of time does not reduce crime and can, in fact, increase crime. BDS supports abolishing all mandatory minimum sentencing laws that require a judge to hand down a minimum, predetermined sentence for any conviction. This includes eliminating enhanced minimum sentences for individuals with prior felony convictions. Ending mandatory minimum sentences would provide judges with the discretion to evaluate every case and every person convicted of a crime individually, help address the racial inequities in sentencing, and prevent the “trial penalty” from discouraging people accused of a crime from exercising their Sixth Amendment right to trial. Additionally, judges should have to document why they are choosing to implement a specific sentence.

BDS also supports increasing the amount of time allowance a person can earn while serving a jail or prison sentence, and reducing the maximum sentences allowed for all crimes including eliminating life sentences.

Resources

One-Pager

Communities Not Cages One-Pager

Article

Brooklyn Eagle Article: Alternatives to Incarceration programs alone won’t fix a broken criminal justice system.

Memo of Support

Brooklyn Defender Services Memo of Support: Appeal Waivers Bills

An illustration of an attorney defending his client before a judge in court, while his client stands in handcuffs beside him.

Join the Movement for Communities, Not Cages

Support the movement to eliminate mandatory minimum sentences, abolish two- and three-strikes laws, create a right to a second-look at unfairly long sentences, and strengthen good time and merit time laws.