Disparities in sentences for crack and powdered cocaine convictions: A reflection of systemic racial bias
Presentation Type
Abstract
Faculty Advisor
Thomas Loikith
Access Type
Event
Start Date
25-4-2025 10:30 AM
End Date
25-4-2025 11:29 AM
Description
The Anti-Drug Abuse Act of 1986 established a 100:1 sentencing disparity between crack and powder cocaine offenses. In 2010, the disparity was reduced to 18:1. In recent years, Congress has considered, but not passed, the EQUAL Act, which would eliminate the crack/powder sentencing disparity. In 2022, the Justice Department adopted a rule encouraging federal prosecutors to promote the equivalent treatment of crack and powder offenses, explaining that "Ultimately, the crack/powder discrepancy within sentencing had no basis within the scientific study, promotes zero law enforcement motives, and creates unjustifiable disparities among races within our criminal justice system." This disparity remains an issue that is significant to American society. What should be done to address the crack/powder sentencing disparity? Interdisciplinary research is necessary to better comprehend this intricate problem. From September 2024 through April 2025, I used qualitative research methodology (textual analysis) to analyze relevant sources from the disciplines of law and sociology, including Supreme Court opinions, statutes, and scholarly and non-scholarly articles. To better grasp the issue, I merged contradictory views from every discipline, found areas of agreement amongst them, and reconciled them. I conclude that despite progress toward eliminating the crack/powder cocaine sentencing disparity, the problem remains. The sentencing disparity should end. Efforts to encourage prosecutors to promote consistency in crack/powder cocaine sentencing should continue. Efforts should also be made to educate society about the unfairness of the sentencing disparity so that there develops a national consensus that the disparity needs to end.
Disparities in sentences for crack and powdered cocaine convictions: A reflection of systemic racial bias
The Anti-Drug Abuse Act of 1986 established a 100:1 sentencing disparity between crack and powder cocaine offenses. In 2010, the disparity was reduced to 18:1. In recent years, Congress has considered, but not passed, the EQUAL Act, which would eliminate the crack/powder sentencing disparity. In 2022, the Justice Department adopted a rule encouraging federal prosecutors to promote the equivalent treatment of crack and powder offenses, explaining that "Ultimately, the crack/powder discrepancy within sentencing had no basis within the scientific study, promotes zero law enforcement motives, and creates unjustifiable disparities among races within our criminal justice system." This disparity remains an issue that is significant to American society. What should be done to address the crack/powder sentencing disparity? Interdisciplinary research is necessary to better comprehend this intricate problem. From September 2024 through April 2025, I used qualitative research methodology (textual analysis) to analyze relevant sources from the disciplines of law and sociology, including Supreme Court opinions, statutes, and scholarly and non-scholarly articles. To better grasp the issue, I merged contradictory views from every discipline, found areas of agreement amongst them, and reconciled them. I conclude that despite progress toward eliminating the crack/powder cocaine sentencing disparity, the problem remains. The sentencing disparity should end. Efforts to encourage prosecutors to promote consistency in crack/powder cocaine sentencing should continue. Efforts should also be made to educate society about the unfairness of the sentencing disparity so that there develops a national consensus that the disparity needs to end.
Comments
Poster presentation at the 2025 Student Research Symposium.