Mandatory Minimums and the Sentencing of Federal Drug Crimes
The United States federal mandatory minimums have been controversial not only because of the length of the mandatory sentences for even first-time offenders, but also because the eligibility quantities for crack are very small when compared to those for other drugs. This paper shows that the actual impact of these mandatory minimums on sentencing is quite nuanced. A large fraction of mandatory minimum eligible offenders, particularly first-time offenders, are able to avoid these mandatory minimums. Moreover, despite lower quantity eligibility thresholds for crack, a smaller fraction of crack offenders are eligible for mandatory minimums relative to other drugs. Furthermore, while being just eligible for a mandatory minimum increases sentence length on average, the impact is not uniform across drugs. Notably, sentences for crack offenders are generally sufficiently long such that, on average, sentences for crack offenders are not impacted by eligibility for a mandatory minimum. In summary, the discrepancy in federal sentencing between crack offenders and those convicted for other drugs does not appear to be driven by mandatory minimums, but rather other aspects of federal sentencing policy and norms.
|Date of creation:||Feb 2017|
|Publication status:||forthcoming in: the Journal of Legal Studies|
|Contact details of provider:|| Postal: IZA, P.O. Box 7240, D-53072 Bonn, Germany|
Phone: +49 228 3894 223
Fax: +49 228 3894 180
Web page: http://www.iza.org
|Order Information:|| Postal: IZA, Margard Ody, P.O. Box 7240, D-53072 Bonn, Germany|
References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Bjerk, David, 2005.
"Making the Crime Fit the Penalty: The Role of Prosecutorial Discretion under Mandatory Minimum Sentencing,"
Journal of Law and Economics,
University of Chicago Press, vol. 48(2), pages 591-625, October.
- David Bjerk, 2004. "Making the Crime Fit the Penalty: The Role of Prosecutorial Discretion Under Mandatory Minimum Sentencing," Department of Economics Working Papers 2004-12, McMaster University.
When requesting a correction, please mention this item's handle: RePEc:iza:izadps:dp10544. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Mark Fallak)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.