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The safety valve statute, 18 U.S.C. 3553(f) is one exception. It directs sentencing judges to disregard the mandatory minimum sentence for a defendant convicted of a drug offense, so long as the person meets the safety valve eligibility criteria, which is set in law by Congress.
Can a judge overturn a mandatory minimum sentence?
Mandatory minimum sentences are set by state legislatures and Congress, not judges. They require automatic, minimum prison terms for certain crimes, and too often, the mandatory minimum sentence is unjust, irrational, or counterproductive. Mandatory minimums do not deter crime and make the public safer.
What is a mandatory minimum charge?
Mandatory minimum sentencing laws are set by Congress and state lawmakers. These laws require judges to impose automatic, minimum prison terms for certain offenses. As such, they remove a judges ability to consider the individual person being sentenced, the specifics of the situation, or mitigating factors.
What is the federal drug charge mandatory minimum?
You will be required to serve at least the minimum sentence before you can be released. The minimum mandatory prison sentence for any of the above crimes is 10 years in prison. The prison sentence minimum will be enhanced to a mandatory 20 years if death or serious bodily injury occurred because of the crime.
Do you agree with mandatory sentencing?
Certain violent crimes and drug-related crimes carry mandatory minimums sentences that must be imposed by law and cant be reduced or eliminated. Mandatory minimum sentences are set by Congress, not federal judges, and require an automatic minimum prison term for certain crimes.
However, despite the name, in some cases, mandatory minimum sentences can be avoided or reduced in two ways: by providing substantial assistance to police and prosecutors or through whats called the safety valve exception.
Related links
Standards for Privacy of Individually Identifiable
by E Luna Cited by 10 Mandatory minimum sentencing laws eliminate judicial discretion to impose sentences below the statutory minimum. These laws, known as mandatory minimums,
Individuals and Sentencing 151 months for those subject to the mandatory minimum penalty; 67 months for those receiving relief; 30 months for individuals
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