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INTRODUCTION
Few question that the criminal justice system in the United States is imperfect or needs revision, as this is not a new concept. To be sure, for over four decades the United States has grappled with criminal justice reforms and sentencing in its attempt to "get tough" on crime and, more specifically, eliminate illicit drug use.1 Yet, notwithstanding the longevity of these efforts and an eye-popping price tag of $1 trillion, most scholars consider this "War on Drugs" to be an unmitigated failure analogous to Prohibition-era policies.3 Consider that during this period, the United States has become the largest incarcerator in the world, housing 25% of the world's prison population, but is home to only 5% of the world's population.4 There are currently over 2.3 million people in local, state, and federal jails or prisons,5 which translates to the world's highest prison population rate of 716 persons per 100,000 of the population.6 And to boot, over half of prisoners in the federal system are incarcerated for nonviolent drug offenses as a result of mandatory minimum sentences.7
These staggering rates of incarceration coupled with prison overcrowding, strained budgets, and the negative psychological impacts prison has on those incarcerated and their families along with structural barriers faced upon reentry have strengthened the push for criminal justice reform in recent years.8 Though it is important to note that significant strides have been made recently, these reforms are relatively modest. They do not make the systemic change necessary to fully address our nation's mass incarceration problem9 and the negative psychological impacts of prison.10 The purpose of this note is to evaluate the psychological impacts these harsh mandatory minimum sentences have on those incarcerated, their families, and their communities. This note will begin with an analysis of the history and philosophy of mandatory minimum sentences in the context of our nation's criminal justice system.11 This note will continue with an evaluation of the psychological impacts of prison on the incarcerated, their families, and their communities.12 Finally, this note will explore the most recent reforms enacted by U.S. Attorney General Eric Holder and the U.S. Sentencing Commission and will offer recommendations for solving our nation's incarceration problems and minimizing their psychological impacts.13
I. THE ORIGINS OF MINIMUM SENTENCING
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