Racial Disparities in Mandatory Minimums

The development of the federal sentencing guidelines played an important role in shaping America’s criminal legal system. In 1984, Congress passed the Sentencing Reform Act which established the U.S. Sentencing Commission. The Sentencing Commission’s primary purpose was to reduce disparities in federal sentencing. To address these disparities, the Commission would ask judges to consider a variety of factors in their rulings including the nature of the offense committed, the criminal history of the defendant, the types of sentencing available under the guidelines, and the need for the sentence imposed.

As the federal sentencing guidelines developed, lawmakers introduced mandatory minimums for defendants who were convicted of certain offenses. While judges are asked to consider a number of factors in sentencing, mandatory minimum laws require judges to impose a minimum sentence for individuals convicted of certain crimes, imiting judicial discretion in sentencing. While mandatory minimum laws were adopted to deter specific crimes, they continue to be a point of conversation for critics and other criminal legal experts with many arguing that they work against the goals initially set by the Sentencing Reform Act.

Mandatory minimum laws disproportionately impact minorities and contribute to the mass incarceration of specific groups. Research shows that Black people are more likely to be charged with a crime that carries a mandatory minimum than their white counterparts. A 2017 report by the Sentencing Commission revealed that Black people were the most likely demographic to be sentenced under a mandatory minimum compared to any other demographic. Additionally, a five-year study by the Sentencing Commission revealed that Black and Hispanic males received sentences 13.4% and 11.2% longer than their white counterparts, respectively. Lastly, despite relatively equal rates of drug use, Black and Hispanic people were more likely to be convicted under drug-related offenses.

Despite the goal to deter crime, mandatory minimum laws have instead contributed to the mass incarceration of the American people. The U.S. began to see an increase in the penal population starting in 1973. The prison populace hit its highest point in 2009 with its population being seven times what it was in 1973. The prison population began to decline in 2010, with a 14% decline in 2020 alone due to early releases influenced by the COVID-19 pandemic. However, this decline didn’t last long – the prison population increased again in 2022 with increases in thirty-six states and federal prisons. Lastly, while accounting for only 5% of the global population, the U.S. has the highest prison population in the world – with a total of 1.8 million individuals incarcerated.

Even the slightest change in mandatory minimum laws could produce some notable outcomes. A study on felony sentencing in New York estimated a 43% and 45% decrease in Black and Hispanic individuals arrested if mandatory minimums were eliminated for non-violent offenses. While beneficial to the Black and Hispanic population, this policy change would still disproportionately benefit white defendants. If mandatory minimums were eliminated for non-violent offenses, there would be a 57% decrease in white individuals arrested, exacerbating racial disparities in sentencing. However, eliminating mandatory minimums where there is no prior felony conviction could have the largest impact on addressing racial disparities in sentencing. At the arrest stage, Hispanic and Asian defendants would benefit the most with an estimated 42% and 54% elimination of cases of those currently exposed to mandatory minimums, respectively. Additionally, 24% of Black individuals convicted would have no exposure to mandatory minimums compared to 15% of their white counterparts.

The federal sentencing guidelines and the introduction of mandatory minimums have significantly influenced the structure of America's criminal legal system. While the goal of mandatory minimum laws was to deter crime, they have directly contributed to racial disparities and the mass incarceration of minority communities. Despite the efforts by the U.S. Sentencing Commission to promote fair and just sentencing, mandatory minimum laws have produced unjust outcomes for minority groups. Reforming mandatory minimum laws, particularly in cases involving non-violent offenses or those without prior felony convictions, could play a pivotal role in addressing these disparities and moving towards a more equitable legal system