The United States had one of the lowest incarceration rates in the world, 100 inmates per 100,000 people, until the 1970s, when there began to be a steady increase. This rate had a steady increase until it reached a peak in 2008, at 760 people incarcerated per 100,000 population. Not coincidentally, in 1973 the mandatory minimum sentencing guidelines regarding hard drugs began.
These sentencing guidelines tied the hands of the judges and forced them to hand out a severe penalty to anyone caught with a certain, predetermined amount of hard drugs. These guidelines forced a judge to hand out a penalty without allowing the judge to follow the steps put in place for the judicial branch.