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Mandatory Minimum Policy Reform and the Sentencing of Crack Cocaine Defendants: An Analysis of the Fair Sentencing Act

Author

Listed:
  • Bjerk, David J.

    (Claremont McKenna College)

Abstract

The Fair Sentencing Act of 2010 (FSA) affected the U.S. federal mandatory minimum sentencing laws for to crack cocaine offenders, and represented the first Congressional reform of sentencing laws in over 20 years. A primary goal of this legislation was to lessen the harshness of sentences for crack cocaine offenders and decrease the sentencing gap between crack defendants and powder cocaine defendants. While both the mean sentence length for crack offenders fell following the implementation of the FSA, these changes appear to primarily reflect the continuation of on-going sentencing trends that were initiated by a variety of non- Congressional reforms to federal sentencing policy that commenced around 2007. However, the FSA appears to have been helpful in allowing these trends to continue past 2010.

Suggested Citation

  • Bjerk, David J., 2016. "Mandatory Minimum Policy Reform and the Sentencing of Crack Cocaine Defendants: An Analysis of the Fair Sentencing Act," IZA Discussion Papers 10237, Institute of Labor Economics (IZA).
  • Handle: RePEc:iza:izadps:dp10237
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    References listed on IDEAS

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    1. repec:bla:ecinqu:v:51:y:2013:i:3:p:1651-1681 is not listed on IDEAS
    2. Eric Helland & Alexander Tabarrok, 2007. "Does Three Strikes Deter?: A Nonparametric Estimation," Journal of Human Resources, University of Wisconsin Press, vol. 42(2).
    3. Joshua B. Fischman & Max M. Schanzenbach, 2012. "Racial Disparities Under the Federal Sentencing Guidelines: The Role of Judicial Discretion and Mandatory Minimums," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 9(4), pages 729-764, December.
    4. Jeff Grogger & Michael Willis, 2000. "The Emergence Of Crack Cocaine And The Rise In Urban Crime Rates," The Review of Economics and Statistics, MIT Press, vol. 82(4), pages 519-529, November.
    5. LaCasse, Chantale & Payne, A Abigail, 1999. "Federal Sentencing Guidelines and Mandatory Minimum Sentences: Do Defendants Bargain in the Shadow of the Judge?," Journal of Law and Economics, University of Chicago Press, vol. 42(1), pages 245-269, April.
    6. 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.
    7. Marvell, Thomas B & Moody, Carlisle E, 2001. "The Lethal Effects of Three-Strikes Laws," The Journal of Legal Studies, University of Chicago Press, vol. 30(1), pages 89-106, January.
    8. Shepherd, Joanna M, 2002. "Fear of the First Strike: The Full Deterrent Effect of California's Two- and Three-Strikes Legislation," The Journal of Legal Studies, University of Chicago Press, vol. 31(1), pages 159-201, January.
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    More about this item

    Keywords

    powder cocaine; crack cocaine; fair sentencing act; mandatory minimums; sentencing guidelines;
    All these keywords.

    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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