Mandatory minimums have fallen out of fashion in some states in recent years as...
, passed the upper chamber last week with little discussion and bipartisan support. All but one senator — Sarah Eckhardt, an Austin Democrat — voted in favor of the measure, which would implement the mandatory decade-long sentence to those who commit certain felonies while using a firearm.
The bill’s prospects are unclear in the House of Representatives, where members have not prioritized similar legislation. Mandatory minimums were once a hallmark of tough-on-crime policies in the 1980s, but state legislators across the country have strayed from them in recent years as they work to reduce mass incarceration and racial disparities in the criminal justice system.
States have mostly reconsidered mandatory minimums for non-violent crimes, especially drug offenses, Thompson said. The sentences take discretion away from judges and juries who may not believe the minimum sentence is appropriate for one person or another, depending on their individual circumstances and criminal history, she said.Instead, these policies give more power to prosecutors, who decide which charges to bring against an accused person, Thompson said.
The sentences exacerbate existing challenges in the criminal justice system, including overcrowding in jails and prisons and long-standing racial inequalities, Thompson said. It’s also difficult to determine whether the policies are effective at reducing illegal gun use, she said, since researchers never truly know why someone does not commit a crime.
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