In the 1970s, U.S. district judge Marvin Frankel moved to make sentencing reform. He believed that the style of sentencing used was unsuccessful in rehabilitating offenders. At the time, the offenders were given a minimum sentence, such as 15 years to life. Some states did make changes to their sentencing practices, but it was not until 1984 that a real change was seen. Senator Edward Kennedy introduced the Criminal Code Reform Act in 1977, which kept judges from giving their opinion when looking at a case. The Criminal Code Reform Act was not enacted until 1984 under the Sentencing Reform Act (SRA). The SRA created minimum sentencing, eliminating the discrepancies around sentencing. The goal was for offenders not to worry about being treated unequally and unfairly based on personal or demographic characteristics. However, judges still have some discretion when sentencing, which can lead to discrimination.
The SRA also increased the severity of sentences. Sentences for violent, drug, and white-collar crimes increased, and the minimum sentences for these crimes increased. For example, the sentence for trafficking 5 kilograms of cocaine is 10 – 20 years imprisonment and/or a $10 million fine for the first offense. The sentence will increase the more times the offender commits drug trafficking. In states such as California, where they practice three-strikes laws, the sentencing is even harsher as the offender does not need to commit the same crime for their sentencing terms to increase.
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