Congressional Digest

Supreme Court Debates December 2007 No. 9 Vol. 10
Crack/Powder Cocaine Sentencing Disparities

Sentencing Guidelines

The Disparity Between Crack and Powder Cocaine

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Crack/Powder Cocaine Sentencing Disparities

The Impact of Federal Mandatory Minimum Sentences

Mandatory minimum sentencing laws require offenders to beimprisoned for a specified period of time for committing certain types ofcrimes. While the intent of mandatory minimum sentencing and other similarmeasures is to punish the most serious offenders by incarcerating them for longperiods, critics contend that the laws are disproportionately applied tononviolent, minority offenders. While this debate tends to focus on nonviolentdrug offenses, it is especially apparent, they argue, with the crack versuspowder cocaine sentencing disparities. Proponents, however, contend thatmandatory minimums decrease crime and ensure certainty in the criminal justicesystem. In addition to serving as a specific deterrent, proponents argue thatthese measures…

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