How Do Mandatory Minimum Sentences Work in New York?

Overview of Mandatory Minimums in New York

New York has mandatory minimum sentences for various felony offenses. Some of the most common crimes carrying mandatory minimum prison terms include drug trafficking offenses, gun crimes, violent felonies, and sex offenses. The type and weight of the drug, the nature of the gun crime, the degree of violence used, and other factors determine the length of the mandatory term. For example, selling 2 ounces or more of cocaine or possessing 4 ounces or more carries a mandatory minimum sentence of 3-10 years in prison (NY Penal Law §70.71). Committing a violent felony offense after a previous violent felony conviction brings a mandatory minimum 5-25 years. Mandatory minimums for sex offenses depend on the age of the victim, ranging from 2-25 years.

Arguments For and Against Mandatory Minimums

Proponents argue mandatory minimums:

• Deter serious crimes like drug trafficking, gun violence, and sex offenses
• Promote fair and equal treatment, rather than uneven sentences
• Provide consistency and predictability in sentencing

Critics counter that they:

• Contribute to overincarceration and prison overcrowding
• Disproportionately impact minorities and low-income defendants
• Remove judicial discretion to consider mitigating factors
• Can seem unjust when the punishment doesn't fit the specifics of the crime

Judges, criminal justice reform groups like the ACLU, and some politicians have called for reforming or abolishing mandatory minimums. But supporters argue they serve an important role in keeping the public safe from violent crime.

How Mandatory Minimums Limit Judicial Discretion

Federal and state laws determine the offenses carrying mandatory minimums and the length of those terms. This removes judges' traditional authority at sentencing to consider factors like:

• Defendant's criminal history and likelihood to re-offend
• Mitigating circumstances of the offense
• Defendant's cooperation with authorities
• Defendant's vulnerability to abuse in prison

Judges may disagree that the mandatory punishment fits the particular crime. But their hands are tied at sentencing. The prosecution can use mandatory minimums as leverage to pressure defendants into accepting plea deals to avoid long prison terms. Some mandatory minimums also require consecutive sentencing. This means judges must sentence someone convicted of multiple charges carrying mandatory minimums to serve those terms back-to-back, rather than concurrently. This can result in extremely long prison sentences.

Recent Changes to Mandatory Minimums in New York

In recent years, New York has enacted some reforms to mandatory minimum sentencing, including:

• Eliminating mandatory minimums for some drug offenses: The 2019 Drug Law Reform Act eliminated mandatory minimums for many lower-level drug felonies, including small-scale drug sales and possession. Judges regained discretion to sentence based on circumstances.
• Adding judicial discretion: New laws gave judges some discretion to consider mitigating factors and divert certain offenders from mandatory minimums. For example, judges can now consider youthful offender status for 16-18 year olds facing mandatory prison for gun possession.
• Expanding parole eligibility: While mandatory minimum sentences remain in place, some recent laws allow for earlier parole hearings for inmates who have served their minimum term.

However, mandatory minimums remain a major part of New York's sentencing scheme for violent felonies, major drug trafficking, and sex crimes. Most advocates argue more reform is still needed.

The Future of Mandatory Minimum Sentences

The controversy around mandatory minimums continues. Some states have rolled back mandatory sentencing more aggressively in recent years. But full repeal remains politically difficult. Public safety and rising crime rates could discourage more rollbacks to mandatory penalties, especially with violent offenses. But criminal justice reform groups will likely continue pushing for giving judges more discretion, arguing that overly-harsh mandatory minimums have caused more harm than good.

Resources

• Video explaining federal mandatory minimums
• Analysis of mandatory minimum laws by Families Against Mandatory Minimums
• Music video criticizing mandatory minimum sentencing