Sentencing guidelines and their application in criminal justice

Sentencing Guidelines

The objective of this work is to discuss the disparities in the sentencing guidelines of whites compared to minorities as a result of those in leadership positions who held or have the power to overhaul the current system.

Great disparities in sentencing are clearly existing in the sentencing guidelines when comparing sentences handed down to whites and those handed down to minorities. It is certain that those who are in leadership positions or in positions of power that have the potential to bring about a reform in the current system have noted these disparities. In 1995, the Drug Policy Alliance (2007) report that the U.S. Sentencing Commission stated a recommendation that equalization should be brought about in the sentencing penalties "for crack and powder cocaine, without raising penalties for powder cocaine." This was however, rejected by Congress so in 2002 the USSC released a report to Congress recommending that Congress should: (1) increase the quantity of crack cocaine required to trigger an automatic mandatory minimum sentence; (2) repeal the mandatory minimum for simple possession of crack cocaine; and (3) reduce the crack / powder sentencing disparity without increasing trigger thresholds for powder cocaine. (Drug Policy Alliance, 2007) the present reform legislation would reduce these disparities in sentencing and reduce the mandatory minimum for possession of cocaine from 5 years down to 1 year. It is critically necessary that these actions be taken to reduce the disparities in sentencing that presently exist.

I. Statistics and Facts

The work of Mustard (2001) entitled: "Racial Ethnic and Gender Disparities in Sentencing: Evidence from the U.S. Federal Courts" reports a study that examined 77.236 federal offenders who were sentenced under the Sentencing reform Act of 1984 and states conclusions that "blacks, males and offenders with low education and low income receive substantially longer sentences." (Mustard, 2001) Secondly the study states in its findings that "disparities are primarily generated by departures from the guidelines, rather than differential sentencing within the guidelines." (Mustard, 2001) Departures are stated to result in approximately 55% of the black-white difference and 70% of the male-female difference. (Mustard, 2001; paraphrased) the study additionally states findings that while black-white disparities is shown to exist across offenses "the largest differences are for drug trafficking." (Mustard, 2001) Finally, findings state that "black and males are also less likely to get no prison term when that option is available, less likely to receive downward departures, more likely to receive upward adjustments, and conditioned on having a downward departure, receive smaller reductions than whites and females." (Mustard, 2001)

I. Drug Sentencing Policy and the New Washington Administration

It is stated in the work entitled: "Aspirations and Realism about Drug Sentencing Reform" that disparities in sentencing "continue to plague [the] Criminal Justice System. African-Americans and Hispanics are more than twice as likely as whites to be searched, arrested, or subdued with force when stopped by police. Disparities in drug sentencing laws, like the differential treatment of crack as opposed to powder cocaine, are unfair...." (Sentencing Law and Policy, 2008)

The plan of the new President and his Washington Administration is stated to focus on the reduction of crime recidivism through the provision of support to the ex-offender including "...job training, substance abuse and mental health counseling so that these individuals are successfully reintegrated into society." (Sentencing Law and Policy, 2008) There will also be a "prison-to-work incentive program to improve ex-offender employment and job retention rates." (Sentencing Law and Policy, 2008)

President Obama and his administration hold a firm belief that the "disparity between sentencing crack and power-based cocaine is wrong and should be completely eliminated." (Sentencing Law and Policy, 2008) Finally the new administration in Washington intend to provide first-time, non-violent offenders with a change to serve their sentence in a drug rehabilitation program which have incidentally been shown to be more effective than prison time in changing the individual's behavior.