Mandatory Sentencing Case Study

In 1994, President Bill Clinton signed the largest comprehensive crime bill ever in the history of the United States. The features of the 1994 Crime Bill created sixty new federal crimes punishable by either death penalty or life sentencing as well as increase existing penalties for dozen of other offenses (Wilson, 1995). Another feature created by Congress was the statutory ‘Safety Valve’, which provided relief for first-time offenders facing mandatory sentencing in drug cases. The statute created five requirements a defendant must meet to qualify for the reduced sentence – no criminal history, not a drug conspiracy leader, no violence or firearm used, provide truthful pertinent information regarding the offense to the government prior to sentencing (Bronn, 2013; Wilson, 1995; 18 U.S.C. § 3553(f)).

After the passage of the Crime Control Act of 1994, Congress directed the Commission to study federal sentencing for powder and crack cocaine.

The penalties for sentencing federal cocaine offenses were enacted in 1986 and 1988 where it established mandatory minimum penalties for both powder and crack cocaine. The 1986 act was in accordance to an offender convicted of trafficking controlled substance. The 1888 act created a mandatory minimum penalty for possession of a controlled substance. Crack cocaine received harsher punishment under both laws known as the 100-to-1 cocaine to crack cocaine ratio. Under the 1988 law, 5 grams or more of crack cocaine or 500 grams or more of powder cocaine triggers a minimum sentence of five years (1995 U.S.S.C. Report; 21 U.S.C. § 841(b)). After the 1991 U.S.S.C Report until the Violent Crime Control Act of 1994, critics argued the current cocaine sentencing policies were unfair due to harsher punishment for lower drug mule compare to drug dealers and ineffective in deterring drug use or reducing trafficking (1995 U.S.S.C.

Report).
Data source from the Commission’s monitoring database used 1993 data due its complete and recent information available to help distinguish between crack cocaine and powder cocaine defendants (1995 U.S.S.C. Report). It found that 42,107 offenders were sentenced in federal court where 46% (19,370) were convicted of drug offense (1995 U.S.S.C. Report). Powder cocaine was the most frequent drug case sentenced reported with 34.5% (6,681) convicted. 19.5% (3,757) were reported to be crack cocaine cases (1995 U.S.S.C. Report). Combined crack and powder cocaine cases shows 54%(10,438) were drug-sentenced offenders (1995 U.S.S.C. Report). For first time offenders, 98 were sentenced for possession of crack; 122 were sentenced for possession of powder (1995 U.S.S.C. Report). The average sentence for crack was 306 months (25.5 years) while for powder was 3.2 months.
Based on its finding, the Commission found that Congress in creating a legislative policy of mandatory sentencing for crack cocaine created a system of disparately over cocaine sentencing. The Commission recommended based on the findings recommends that Congress revisit the 100-to-1 quantity ratio penalties to design a fairer, more proportional approach within the Guidelines structure (1995 U.S.S.C. Report). Two months later the Commission approved amendments designed to balance the crack and powder cocaine, urging Congress to change the statutes of 100-to-1 to make crack and powder cocaine sentencing alike (Yellen, 2008; 1995 U.S.S.C. Report). Congress for the first time since the creation of the Commission rejected the recommended amendments set forth.