Mandatory minimums seems rather cruel. In my country - Denmark - sentences are usually limited to 15 years (life in prison, actually means that after 16 years, your case will be reheard by the judicial system; in serious crimes, these verdicts are usually predictable (i.e. keeping the convicted in prison)).
The fact that a state can demand a mandatory minimum sentence of 15 years for selling heroin is outrageous. That's not to say, that there aren't convictions here that don't have the appearance of mandatory minimums, but not by law, merely by practice.
(Also, I find no evidence to suggest that mandatory minimums have done anything to reduce crime in the US.)
You are correct - but the US system is different. The main goal of Denmark's prison system is likely centered around making sure people are reformed when they get out. The loss of freedom itself is the main punishment. The US system focuses much less on reforming people, but instead focuses on punishment. Loss of freedom isn't enough.
Mandatory minimums do have cruel outcomes: Usually the minimums were put in place as a political ploy (we'll make sure those bad people get put away for a long time - to keep your kids safe at night). I'm pretty sure that evidence doesnt' exist - any that does is likely against mandatory minimums.
So the only reason mandatory minimums are not unconstitutional is because of the word 'and'? I guess you can then make any cruel punishment constitutional by making it usual.
Heh. Unfortunately it is more complicated than that. I think the line includes cruelty along with the 'and' to attempt to put some sort of limits on punishment and to make sure the punishments matches what society knows as 'uncruel', though in practice it doesn't work out as well as imagined.
I'm not sure if anyone has appealed mandatory minimums on the basis that they are cruel and unusual punishment: They probably have research to back up their claim. This is probably the true reason they aren't unconstitutional - because you have to appeal and sue (sometimes pretty far) to try to get those turned over. The other option is for the public to pressure legislature into changing the laws, and considering the current climate in Washington, I doubt that is going to happen soon enough.
Not only for selling of drugs - for possession. 2-8 years just for having a few grams of cocaine on you. Then there's the fines that can get you stuck in a imprisonment loop (jailed for not paying -> out of jail -> unpaid fines -> jailed for not paying -> repeat). Insane.
The fact that a state can demand a mandatory minimum sentence of 15 years for selling heroin is outrageous. That's not to say, that there aren't convictions here that don't have the appearance of mandatory minimums, but not by law, merely by practice.
(Also, I find no evidence to suggest that mandatory minimums have done anything to reduce crime in the US.)