Deterrence Theory
The idea behind deterrence is that punishment, or the threat of punishment, will keep people away from being involved in criminal activity. All mandatory minimum sentencing laws are based off of deterrence. In order for deterrence to be effective, punishment must be inflicted quickly, be severe, and must be certain for those that commit the crime.
The Sixth Amendment to the United States Constitution gives citizens the right to a speedy trial. In order for deterrence to be effective, 'speedy' needs to be immediate. In our current system, the process takes too long for General Deterrence to be have an impact.
Does the punishment fit the crime? That's a question that needs to be asked when addressing sentencing. In order for deterrence to work, the crime needs to be severe so it will deter people from committing that crime. That is where mandatory minimum sentencing came into play. The problem: the severity of the sentences has led to prison overcrowding and a whole slew of issues to countless communities in the United States.
Certainty
The certainty of punishment is the most important factor of deterrence. It also happens to be the most flawed. Clearly not all crime in the United States is acknowledged by law enforcement. Because someone isn't necessarily going to be caught, many people will not be deterred from committing the crime.
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