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MANDATORY SENTENCING FROM A CLASSICAL THEORY PERSPECTIVE

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Mandatory Sentencing from a Classical Theory Perspective Mandatory sentencing refers to a type of criminal punishment in which the punishment prescribed by law for a particular offense must be imposed on all defendants convicted of that offense, regardless of the circumstances of the individual case or the offender's background. This means that judges have no discretion to reduce the sentence or tailor it to fit the specific circumstances of the case (Rutz-Burri). From a classical theory perspective, mandatory sentencing can be seen as a way to deter crime by ensuring that all offenders receive a consistent and certain punishment for their actions. According to classical theory, individuals are rational actors who weigh the costs and benefits of their actions before deciding whether to engage in criminal behavior. By imposing mandatory sentences, lawmakers aim to increase the perceived costs of criminal behavior and thus discourage people from committing crimes. However, mandatory sentencing can also be criticized from a classical theory perspective, as it can result in unjust outcomes in cases where the punishment does not fit the crime. For example, a mandatory minimum sentence for a drug offense may be too severe for a first-time offender or someone who played a minor role in the crime. In these cases, the punishment may not be proportionate to the harm caused by the offense and may not effectively deter future crime (Rutz-Burri). Overall, the use of mandatory sentencing as a criminal justice policy is a complex issue that involves balancing the goals of deterrence and retribution with the need for fairness and proportionality in punishment.