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Those seeking to frame political issues to their advantage recognize the power of emotional appeals. Yet the study of framing has focused mainly on the cognitive effects of framing rather than on its emotional effects. This study presents the results of two experiments designed to explore the effect of episodic and thematic framing on emotional response and policy opinion. Participants were randomly assigned to read a column arguing against mandatory minimum sentencing that employed either a thematic or one of two episodic frames featuring a woman who received a harsh sentence under the policy. Episodic framing was more emotionally engaging. Furthermore, the specific emotions elicited by the episodic frame--sympathy and pity for the woman featured in the column--were associated with increased opposition to mandatory minimum sentencing. Yet the thematic frame was actually more persuasive once this indirect effect of frame on emotional response was taken into account. The results are consistent with the conclusion that framing effects on policy opinion operate through both affective and cognitive channels. The theoretical and practical implications of the study are discussed.

This article considers the increased use of mandatory sentencing provisions in a range of jurisdictions, including Canada, Australia, the United States, and United Kingdom/Europe. It finds that, whereas some courts have struck out mandatory sentencing laws, often mandatory minimum penalties have been validated. This jurisprudence is considered through a range of themes, including notions of arbitrariness, the doctrine of proportionality, the relevance of objectives of the criminal justice system, and broader questions regarding the separation of powers.

Background As of May 2017, the United States federal government renewed its prioritization for the enforcement of mandatory minimum sentences for illicit drug offenses. While the effect of such policies on racial disparities in incarceration is well-documented, less is known about the extent to which these laws are associated with decreased drug use. This study aims to identify changes in cocaine use associated with mandatory minimum sentencing policies by examining differential sentences for powder and crack cocaine set by the Anti-Drug Abuse Act (ADAA) (100:1) and the Fair Sentencing Act (FSA), which reduced the disparate sentencing to 18:1. Methods Using data from National Survey on Drug Use and Health, we examined past-year cocaine use before and after implementation of the ADAA (1985–1990, N  = 21,296) and FSA (2009–2013, N  = 130,574). We used weighted logistic regressions and Z-tests across models to identify differential change in use between crack and powder cocaine. Prescription drug misuse, or use outside prescribed indication or dose, was modeled as a negative control to identify underlying drug trends not related to sentencing policies. Results Despite harsher ADAA penalties for crack compared to powder cocaine, there was no decrease in crack use following implementation of sentencing policies (odds ratio (OR): 0.72, p  = 0.13), although both powder cocaine use and misuse of prescription drugs (the negative control) decreased (OR: 0.59, p  < 0.01; OR: 0.42, p  < 0.01 respectively). Furthermore, there was no change in crack use following the FSA, but powder cocaine use decreased, despite no changes to powder cocaine sentences (OR: 0.81, p  = 0.02), suggesting that drug use is driven by factors not associated with sentencing policy. Conclusions Despite harsher penalties for crack versus powder cocaine, crack use declined less than powder cocaine and even less than drugs not included in sentencing policies. These findings suggest that mandatory minimum sentencing may not be an effective method of deterring cocaine use.

This study investigated the responses of 181 participants (87 men, 94 women), from Adelaide, South Australia, to scenarios describing mandatory sentences for perpetrators of a property offense committed in the Northern Territory, Australia. Four scenarios that were randomly distributed varied ethnic identity (White Australian, Aboriginal Australian) and criminal history (first-time offender, third-time offender). Participants completed attitude measures for both mandatory sentencing and capital punishment, a right-wing authoritarianism scale, and a scale concerned with sentencing goals (retribution, deterrence, protection of society, and rehabilitation). Results showed strong effects of attitude toward mandatory sentencing on scenario responses for variables such as perceived responsibility, deservingness, leniency, seriousness, anger and pleasure, and weaker effects of ethnic identity and criminal history. Participants were generally more sympathetic when the offender was an Aboriginal Australian. Results of a multiple regression analysis showed that attitude toward mandatory sentence was predicted by right-wing authoritarianism and by sentencing goals relating to deterrence and the protection of society.

Abstract Purpose In this chapter, the author analyzes sentencing and incarceration practices in South Africa during the last 20 years, a period which saw the country transforming into a fully flexed democracy. Design/methodology/approach The concepts of sentencing, mandatory minimum sentencing, sentencing of children and incarceration are discussed. The past 20 years of democracy serve as a point of departure for this discussion. The retrospective nature of the adopted approach necessitates a heavy reliance on existing literature, but a statistical analysis is also relied upon. The author also reflects on research conducted during the last 20 years. Findings While it is almost impossible to duly consider all sentencing-related developments in democratic South Africa, important advances have been made but they were not always systematically followed through. Well-intended policies have at times been poorly executed. Specially, the correctional system destroyed all types of staff motivation through poor human resource practices. Originality/value Few scholars have considered the influence of sentencing practices on the South African inmate population, more particularly during the period of democracy that has been running for 20 years. This influence in the South African criminal justice system will be highlighted. The contribution of sentencing in the democratization of the country may be drawn from this discussion. The study may contribute to policy implementation for decades to come and through that, strengthen the South African democracy. At the same time, lessons from South Africa may serve as a roadmap for other young and established democracies.

In this eye-opening work, Angela J. Davis shines a much-needed light on the power of American prosecutors, revealing how the day-to-day practice of even the most well-intentioned prosecutors can result in unequal treatment of defendants and victims and gross inequities in criminal justice. For the paperback edition, Davis provides a new Afterword which covers such recent incidents of prosecutorial abuse as the Jena Six case, the Duke lacrosse case, the Department of Justice firings, and more.

Adapted from a paper presented at the Queensland Supreme Court Judges' Seminar, Brisbane, March 2002 - the presence of judicial discretion in sentencing is being eroded by various legislative restrictions, including mandatory sentencing laws, restriction on sentences for violent offenders and proposals for sentencing grids - consistency as a central sentencing imperative - methods adopted in various jurisdictions for the regulation of judicial discretion in sentencing - usefulness of these strategies in achieving consistency is discussed in the context of the Queensland sentencing system - utility of adopting these approaches in gaining greater uniformity and fairness in sentencing.

Is it time to give up on rehabilitating criminals? Record numbers of Americans are going to prison, and most of them will eventually return to society with a high chance of becoming repeat offenders. But a decision to abandon rehabilitation programs now would be premature warns Ann Chih Lin, who finds that little attention has been given to how these programs are actually implemented and why they tend to fail. In Reform in the Making, she not only supplies much-needed information on the process of program implementation but she also considers its social context, the daily realities faced by prison staff and inmates. By offering an in-depth look at common rehabilitation programs currently in operation--education, job training, and drug treatment--and examining how they are used or misused, Lin offers a practical approach to understanding their high failure rate and how the situation could be improved. Based on extensive observation and over 350 interviews with staff and prisoners in five medium-security male prisons, the book contrasts successfully implemented programs with subverted, abandoned, or neglected programs (those which staff reject or which do not teach prisoners anything useful). Lin explains that staff and prisoners have little patience with programs aimed at long-range goals when they must face the ongoing, immediate challenge of surviving prison life. Finding incentives to make both sides participate fully in rehabilitation is among the book's many contributions to improving prison policy.