This is the fourth blog post in our series, showcasing selected preliminary findings on public support for sentencing reform in New Jersey across four key areas. The fourth area concerns two reforms, the first of which involves the public’s views on eliminating mandatory minimum sentences (meaning a judge is required to sentence a defendant to a minimum amount of time in prison, regardless of the judge’s discretion or the circumstances of the case) for non-violent drug offenses.
The New Jersey Sentencing Commission first called for the elimination of mandatory minimum sentences for non-violent drug crimes in 2019, with several specific offenses identified in the New Jersey criminal code that contains mandatory minimum sentencing requirements. The elimination of mandatory minimum sentences for non-violent and drug offenses remains the primary focus for the Commission to reduce racial disparities in the state’s prison system. Data has suggested that mandatory minimum sentences attached to certain drug offenses have resulted in a disproportionate impact on persons of color in New Jersey, especially related to drug offenses that are committed within 1,000 feet of a school.[1] In 2024, two bills were introduced in the New Jersey Assembly and Senate that proposed to amend each of the offenses identified by the Commission by removing all language in those code provisions requiring the imposition of mandatory minimum sentences. Sentences for these offenses will instead be left to the sentencing judge’s discretion. The legislature is presently still considering these potential changes to the law.
For our study, we asked 1,529 members of the public in New Jersey how generally supportive they were of eliminating mandatory minimum sentences for nonviolent drug offenses in the state. On a scale of 1 to 7 (from not at all supportive to neutral to completely supportive), we found that participants, on average, leaned in favor of this sentencing reform (M = 4.60; SD = 1.75). We found a significant association between participants’ general philosophy that sentencing should be rehabilitative-focused and their increased support for this reform. Participants who had higher levels of education were also significantly more likely to support it. In contrast, older participants and those with retributive punishment philosophies were significantly less likely to support it. Further, participants who identified as Republicans or Independents were significantly less supportive of this reform.
We also experimentally tested whether the type of offense would affect the public’s support of such reforms. In our materials, we informed participants that the New Jersey State Assembly has proposed removing mandatory minimum sentencing requirements for a specific non-violent drug offense and randomly provided them with a description of one of eight non-violent crimes that currently have mandatory minimum sentencing requirements in New Jersey. We then asked them how supportive they would be of eliminating mandatory minimums for the offense they read about.
We found that participants appeared less supportive of eliminating mandatory minimum sentences for crimes involving youth in different capacities. Participants who read about New Jersey 2C:35-6: Employing a Juvenile in a Drug Distribution Scheme (any person being at least 18 years of age who knowingly uses, solicits, directs, hires or employs a person 17 years of age or younger to manufacture, distribute, or dispense a Schedule I or II controlled substance) or New Jersey 2C:35-7: Distribution of a Controlled Substance on or within 1,000 Feet of School Property (any person who distributes, dispenses, or possesses with intent to distribute a controlled dangerous substance or controlled substance while on any school property used or within 1,000 feet of such school property) were significantly less supportive of eliminating mandatory minimums for these offenses, compared to the other crimes presented to participants.
Overall, these preliminary results suggest that the public leans in support of eliminating mandatory minimum sentences for non-violent drug crimes in New Jersey, although less so for some specific offenses.
References:
[1] New Jersey Criminal Sentencing & Disposition Commission, March 2023 Report. https://pub.njleg.gov/publications/reports/CSDC%20Third%20Report.pdf