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The Violent Crime and Law Enforcement Act of 1994

The Violent Crime and Law Enforcement Act of 1994

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V. M<strong>and</strong>atory Sentencing<br />

in <strong>The</strong> U.S.<br />

M<strong>and</strong>atory Sentencing requires that <strong>of</strong>fenders serve a predefined term for certain<br />

crimes, commonly serious <strong>and</strong> violent <strong>of</strong>fenses. Judges are bound by law; these<br />

sentences are produced through the legislature, not the judicial system. <strong>The</strong>y are<br />

instituted to expedite the sentencing process <strong>and</strong> limit the possibility <strong>of</strong> irregularity <strong>of</strong><br />

outcomes due to judicial discretion. M<strong>and</strong>atory sentences are typically given to people<br />

who are convicted <strong>of</strong> certain serious <strong>and</strong>/or violent crimes, <strong>and</strong> require<br />

a prison sentence. M<strong>and</strong>atory sentencing laws vary across nations; they are more<br />

prevalent in common law jurisdictions because civil law jurisdictions usually prescribe<br />

minimum <strong>and</strong> maximum sentences for every type <strong>of</strong> crime in explicit laws.<br />

M<strong>and</strong>atory sentencing laws <strong>of</strong>ten target "moral vices" (such as alcohol, sex, drugs) <strong>and</strong><br />

crimes that threaten a person's livelihood. <strong>The</strong> idea is that there are some crimes that<br />

are so heinous, there is no way to accept the <strong>of</strong>fender back into the general population<br />

Page 57 <strong>of</strong> 190

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