A Bibliographical Note on Mother Hubberds Tale

Bennett, Josephine Waters

doi:10.2307/2871630

Cited by 5 publications

(2 citation statements)

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“…Drug sentences are primarily based on a combination of drug quantity and drug type, 54 which can drive sentences higher than mandatory minimums. 55 A long-standing policy disagreement began when the guidelines harbored a 100:1 crack-to-powder disparity in the drug quantity ratio, meaning that sentences for crack were disproportionately higher than an equivalent weight of powder cocaine.…”

Section: B Policy Disagreementsmentioning

confidence: 99%

“…Rationales contained broader concerns that the guidelines may rely upon misleading proxies if the individual is unaware of the quantity, purity, or type(s) of drugs they may be trafficking. 63 Various courts expounded upon certain issues that convinced them to reduce sentences accordingly. In one example, the judge expressed discomfort with focusing on the purity of the drug, as it did not necessarily reflect the defendant's role in the chain of events.…”

Section: B Policy Disagreementsmentioning

confidence: 99%

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Sentencing Federal Drug Offenders

Hamilton

2021

Federal Sentencing Reporter

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The Drug War ushered in harsh sentencing practices in the United States. The severity in penalties has been particularly salient in the federal criminal justice system. Increased statutory penalties and U.S. Sentencing Commission guidelines led to drug users and traffickers serving longer periods of incarceration. As a result, the federal correctional system is overburdened. A noticeable change in attitude is evident. Congress has offered leniency for certain first-time drug offenders in the form of a statutory safety valve. While a progressive step, the safety valve applies to relatively few individuals. Importantly, federal judges have some discretion to reject what they might consider to be overly lengthy sentencing mandates. This Article provides an empirical study of sentencing statistics for drug offences. The sample derives from the U.S. Sentencing Commission’s fiscal year 2019 dataset of over 20,000 cases sentenced for drug crimes. Results show that judges employed various mechanisms to reduce statutory- and guidelines-based penalties. Strategies by judges include avoiding mandatory minimums (using the safety valve and otherwise), giving greater point reductions than permitted, and rejecting Commission policies. Over 60% of sentences were below the guidelines’ minimum recommendations. The consequences are beneficial in alleviating strain on the federal prison population, but create inconsistency in sentencing practices. A qualitative component supplements the quantitative. Judges, when issuing their statement of reasons for the sentence, may include textual comments. These comments provide valuable contextual information in how judges articulate their concerns with sanctions for drug offenders. Overall results present important policy considerations.

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Section: B Policy Disagreementsmentioning

confidence: 99%

Section: B Policy Disagreementsmentioning

confidence: 99%