NCJ Number
195767
Date Published
2002
Length
155 pages
Annotation
In this report to Congress from the United States Sentencing Commission, an extensive examination is provided on Federal cocaine sentencing policy by Congress and others in the Federal criminal justice system.
Abstract
In continuing its work with Congress in developing the most appropriate and effective Federal cocaine sentencing policy possible, the United States Sentencing Commission conducts an ongoing assessment of Federal cocaine sentencing policy by Congress, as well as others in the Federal criminal justice system. This report updates and supplements much of the research and data presented in the United States Sentencing Commission’s 1995 Commission Report and 1997 Commission Report. This report is divided into eight chapters beginning with an overview of the current penalty structure for Federal cocaine offenses and recent action concerning Federal cocaine sentencing policy. Chapter two contains a thorough overview of the forms, methods of use, and pharmacology of cocaine and summarizes the core findings. Chapter three reviews the research on the effects of prenatal cocaine exposure on children, briefly reviews the research on exposure to other substances, and summarizes core findings. Chapter four updates much of the data presented in the 1995 Commission Report drawing several major conclusions. Chapter five updates the demographic data presented in the 1995 Commission Report. Chapter six presents data from a number of sources to describe trends in the price and use of powder cocaine and crack cocaine. Chapter seven reviews 14 States’ cocaine sentencing policies and the interaction of prosecutorial decisions and State penalties. The last chapter reviews the major findings from the preceding chapters, evaluates the current Federal penalty structure for cocaine offenses in terms of both the purpose of sentencing set forth in the Sentencing Reform Act and specific congressional objectives set forth in other relevant legislation, and provides recommendations for changes to the penalty structure. The following findings were suggested by the Commission and included: (1) the current penalties exaggerate the relative harmfulness of crack cocaine; (2) current penalties sweep too broadly and apply most often to lower level offenders; (3) current quantity-based penalties overstate the seriousness of most crack cocaine offenses and fail to provide adequate proportionality; and (4) current penalties’ severity mostly impact minorities. The Commission recommended adopting a three-pronged approach for revising sentencing policy: (1) increase the 5-year mandatory minimum threshold quantity for crack cocaine offenses to at least 25 grams; (2) provide direction for more appropriate sentencing enhancements with the guidelines targeting the most serious drug offenders; and (3) maintain the current mandatory minimum threshold quantities for powder cocaine offenses. Figures, tables and appendices A-E