Professor Doug Bermans blog has very good commentary about the NY Times article on gun laws and mandatory minimums. It is worth the read.
More proof mandatory sentencing laws are never really mandatory and can enhance disparities
One
typical argument for mandatory sentencing provisions, whether in the
form of statutory minimums or rigid guideline structures, is that they
ensure all persons who commit a certain kind of crime will be sure to
get a certain kind of sentence. But even if one believes such
one-size-fits-all approach to sentencing can be justified normatively in
some settings, real-world evidence reveals again and again and again
that criminal justice actors will devise various ways (some hidden, some
in the open) to avoid consistent application of these mandates.
The latest proof of this reality appears in this lengthy article from yesterday's New York Times, which is headlined "Prison Isn’t as Mandatory as State’s Gun Laws Say." Here are excerpts:Go to: This link
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