Why Does Florida Still Have Mandatory Minimum Drug Sentences?
As of this writing, Florida’s judicial system employs what are referred to as mandatory minimum sentences. Mandatory minimums are judicial ‘directives’ requiring that those convicted of certain crimes (including many drug offenses) be sentenced to a minimum term of prison time without parole or probation. These used to be more widely used in decades past, but Florida’s legislature has not seen fit to change many for a variety of reasons. If you have been charged with a crime which carries a mandatory minimum sentence, it is crucial for you to contact an attorney.
“Tough On Crime” Mindset
One of the biggest reasons for mandatory minimums still being on the book is a sort of leftover ethos from the 1980s and 1990s. During that period, the Medellin Cartel’s operatives like Griselda Blanco and Pablo Escobar did large amounts of business in Florida, bringing violence and addiction in their wake. Once the cartels were under control, Florida saw a rise in “pill mills” and prescription drug overdoses due to unscrupulous medical professionals. People wanted the state to be ‘tough on crime,’ and the legislature delivered.
The intent of mandatory minimum sentences was to introduce a firm deterrent to crime, with a specific amount of time a person would have to spend behind bars if convicted. However, the statistics simply do not show that crime is sufficiently deterred by these sentences – in fact, data reported by the Brennan Center for Justice estimates that Florida saw a 50 percent spike in crime after enacting mandatory minimums.
Change Is Coming
Whether to be “tough on crime” or to impose uniformity in sentencing on its dockets, the state of Florida is slowly realizing that mandatory minimum sentences do very little to keep violent offenders behind bars. More and more inmates are becoming eligible for ‘exceptions’ to mandatory minimum sentences, either by providing ‘substantial assistance’ to prosecutors or through specific recognized factors – for example, someone who is terminally ill might be released ahead of their date in order to pass away at home.
That said, far too many people are still incarcerated for drug trafficking and other offenses who are serving mandatory minimums. A strong defense for those accused of drug crimes is critical – in many cases, defense attorneys are able to cast reasonable doubt on one or more elements of the charged offense, which may lead to the mandatory minimum element being removed from the equation entirely. Do not try to navigate the legal process alone.
Contact A West Palm Beach Drug Offenses Attorney
If you have been charged with a drug-related offense, it is important for you to be aware of mandatory minimums, and the possibility of your being sentenced to one if convicted. A West Palm Beach drug offenses attorney from Perlet & Shiner, P.A. can help protect your rights – call our office today at (561) 721-0552 to schedule a consultation.
Source:
brennancenter.org/our-work/analysis-opinion/end-mandatory-minimums
