What impact have mandatory minimum drug sentencing and conspiracy provisions had on the criminal justice system?
During the 1970s and 1980s, sentences for drug offenses increased dramatically for three reasons. First, Congress and many state legislatures passed mandatory minimum sentencing and three strikes or habitual offender laws that require judges to hand out fixed sentences to people convicted of certain crimes. Second, truth in sentencing laws and other laws abolishing parole release systems were enacted. Third, the application of conspiracy provisions for drug offenses has made it possible to convict and sentence any individual as a major player or director of a drug-supply network, even if that particular person knew of and was involved in only a small part of the operation. These policies resulted in a dramatic increase in actual time served by drug offenders. While the intent was to punish high-level drug offenders, such as drug kingpins and major dealers, the laws have had the opposite effect high-level drug offenders who have access to more information can plea bargain their way to r