Congressional Digest

Congressional Digest January 2003 No. 1 Vol. 82
Minimum Sentencing and Cocaine Use

Crack vs. Powder Cocaine

Mandatory Minimum Drug Penalties

Minimum Sentencing and Cocaine Use

Overview and Issues for Debate

Federal mandatory minimum sentencing statutes (mandatory minimums) cover drug dealing and using a gun to commit a Federal crime, among other crimes. They circumscribe judicial sentencing discretion. They have been criticized as unthinkingly harsh and incompatible with a rational sentencing guideline system; yet they have also been embraced as hallmarks of truth in sentencing and a means of incapacitating the criminally dangerous. Among the bills introduced in the recently adjourned 107th Congress (2001_2002), some would have created new mandatory minimums, several would have enlarged existing mandatory minimums, others would have eliminated existing mandatory minimums, and some would have adjusted existing…

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