The Cost Ineffectiveness of Mandatory Minimum Sentencing In The U.S.

Critics use the term “zero tolerance” in a pejorative sense to suggest that Broken
Windows policing is a form of zealotry—the imposition of rigid, moralistic standards of
behavior on diverse populations. It is not. Broken Windows is a highly discretionary
police activity that requires careful training, guidelines, and supervision, as well as an
ongoing dialogue with neighborhoods and communities to ensure that it is properly
conducted.
Sheldon Wein has set out a list of six characteristics of a zero tolerance policy:
1. Full enforcement (all those for whom there is adequate evidence that they have
violated the rule are to be identified)
2. Lack of prosecutorial discretion (for every plausibly accused person, it is
determined whether the person has in fact violated the policy)
3. Strict constructivist interpretation (no room for narrow interpretation of the rule)
4. Strict liability (no excuses or justifications)
5. Mandatory punishment (not under a mandatory minimum penalty)
6. Harsh punishment (mandatory minimum penalty is considered relatively harsh
given the nature of the offence).
Wein sees these points as representing "focal meaning" of the concept, namely, that not
each one need be met literally, yet that any policy that clearly meets all six of these
conditions would definitely be seen as a case of a zero tolerance policy.
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