Give judges discretion to fit the punishment to the individual. Judges – not legislators, prosecutors, or defense attorneys – should determine appropriate sentences based on the facts of each case they consider. To insure a judge’s decision will meet standards for appropriate punishment, the prosecutor or the defendant can appeal the judge’s sentence. This safeguard, and sentencing guidelines, prevent judges from delivering sentences that are too soft or too tough.
Allow individualized sentencing. Federally and in many states, sentencing guideline systems are in place to guide the courts and help prevent wildly disparate sentences for similar crimes, while allowing for sentence adjustments based on culpability. Although not perfect, guidelines do a better job of ensuring that the punishment fits the crime and the defendant.
Implement legislative "safety valves." A safety valve is one of the only ways out of a mandatory minimum sentence. Safety valves are laws created by Congress or a state legislature that let courts give an offender less time in prison than the mandatory minimum requires, but only if the offender or his offense meets certain special requirements. Click here to read FAMM's fact sheet on safety valves.
Use “smart-on-crime” approaches.
Consider sentencing alternatives – such as substance abuse treatment, drug court supervision, probation, and community correctional programs – as well as incarceration.