
Contents
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I. Mandatory Penalties before 1970 I. Mandatory Penalties before 1970
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A. Eighteenth-Century England A. Eighteenth-Century England
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B. America in the 1950s B. America in the 1950s
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II. Mandatory Penalties since 1970 II. Mandatory Penalties since 1970
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A. New York’s Rockefeller Drug Laws A. New York’s Rockefeller Drug Laws
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B. Massachusetts’s Bartley-Fox Law B. Massachusetts’s Bartley-Fox Law
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C. The Michigan Felony Firearms Statute C. The Michigan Felony Firearms Statute
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D. Federal Mandatory Penalties D. Federal Mandatory Penalties
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E. Oregon’s Measure 11 E. Oregon’s Measure 11
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III. Mandatory Penalties in Other Countries III. Mandatory Penalties in Other Countries
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A. England and Wales A. England and Wales
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B. South Africa B. South Africa
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C. Australia C. Australia
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D. Canada D. Canada
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III. Deterrent Effects III. Deterrent Effects
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A. National Advisory Bodies A. National Advisory Bodies
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B. Surveys of the Literature B. Surveys of the Literature
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C. Mandatory Penalty Evaluations C. Mandatory Penalty Evaluations
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1. Mandatory Minimum Evaluations 1. Mandatory Minimum Evaluations
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2. California Studies 2. California Studies
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a. California Government Views. a. California Government Views.
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b. California Impact Assessments. b. California Impact Assessments.
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V. Undoing the Harm V. Undoing the Harm
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Notes Notes
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References References
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23 Mandatory Penalties
Get accessMichael Tonry is McKnight Presidential Professor of Criminal Law and Policy and Director, Institute on Crime and Public Policy, University of Minnesota. He edits Crime and Justice: A Review of Research and writes on a topics including criminal justice policy, punishment theory, comparative criminal justice, race and crime, and sentencing.
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Published:18 September 2012
Cite
Abstract
This article summarizes research on the implementation, operation, and deterrent effects of mandatory sentencing laws. Section I examines research before 1970 while Section II examines the major empirical evaluations in the United States since then. Section III summarizes the small literature in other countries, primarily Australia, Canada, England and Wales, and South Africa. Although the mandatory penalties are much less harsh in those countries and the research is less extensive, the findings are indistinguishable from those in the United States. Section IV briefly examines research on deterrent effects. Section V tries to make sense of these findings and to outline their policy implications.
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