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Mandatory Sentencing Legislation - Myth and Reality (From Implementing Criminal Justice Policies, P 61-69, 1982, Merry Morash, ed. - See NCJ-88296)

NCJ Number
88300
Author(s)
M Zalman
Date Published
1982
Length
9 pages
Annotation
The lack of uniform implementation of the Michigan mandatory sentencing law known as the felony firearm law probably resulted from a variety of political factors surrounding the law's passage.
Abstract
Implementation studies showed that the law had little effect on the certainty or severity of sentences in Detroit, was disregarded by many county prosecutors, and continued a pattern of discriminatory sentencing. These studies indicated that achieving the goal of a reduction of crimes involving guns would have required a different initial legislative formulation. The law reflected a general concern with penalties and may have arisen from the hidden political agenda of its sponsor. The law was one of many sentencing laws introduced in the Michigan legislature in the mid-1970's. The sponsors of some of the bills, including the felony firearm law, were openly or quietly seeking the gubernatorial nomination. In addition, the desire to pass effective legislation became mixed with the desire to appear tough to the voting public. Like all legislatures, the Michigan legislature lacked an objective fact-finding process and did not critically evaluate the legislation. In addition, legislatures may have been aware that the law would not receive full or uniform compliance. The legislature may have deliberately supported an ambiguous law to avoid confronting controversial issues and to give prosecutors discretion in their application of the law. However, the law will probably not be changed soon, since a change would be a political insult to the sitting prosecutor who first proposed it. In addition, the legislature would hesitate to pass a law that would make prison overcrowding worse. Impact analysts should realize that the main effect of their work may be only to raise general awareness of the need for rational impact analysis before a law is passed. Two notes and 19 references are listed.

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