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Criminal Law Society Blog

Abstract

This article examines The Smarter Sentencing Act of 2026, a bill that proposes to reduce minimum sentence requirements for certain drug offenses—particularly those that are nonviolent. Research has shown that prolonged prison sentences often do not lead to its intended effects and even tend to cause increased recidivism and criminogenic effects. Additionally, by reducing minimum sentencing requirements for these nonviolent drug offenses, judges are given more discretion when sentencing drug offenders, which allows for the branches of government to be more balanced and promotes leniency where judges believe it is warranted. Further, the reduction of minimum sentences for these nonviolent drug offenses will allow for decreased imprisonment costs as the government, and taxpayers, contribute a large sum toward this endeavor. This will allow the government to focus excess money on more crucial matters in the United States. This article argues that, for these reasons, the Smarter Sentencing Act of 2026 should passed and signed into law.

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