NCJ Number
146252
Date Published
1992
Length
134 pages
Annotation
The structure of drug guidelines in light of anecdotal and empirical evidence that sentences for certain drug-trafficking defendants may be overly punitive are examined.
Abstract
The Working Group's findings are presented in the following categories: (1) Background and Legislative History; (2) Monitoring Data (profile of drug trafficking offenses, mandatory minimums, information on crack); (3) Case Law (use of substance resulting in death or serious bodily injury, firearms enhancement, enhanced penalties for crack, treatment of "Mixtures or Substances", weighing marijuana, upward departure for murder, treatment of drug purity, challenges to United States Sentencing Commission compliance with statutory authority, treatment of mules and couriers, mitigating role reductions and average participant; (4) Hotline Calls; (5) State Initiatives; (6) Public Comment and Expert Assistance (judicial working group on drug sentencing, pharmacologist's concern, U.S. Department of Justice letter); (7) Issues for Consideration; and (8) Proposals (six proposals, proposed questions for public comment). 2 appendixes and 1 attachment.