Sentencing Disparity In Crack Cocaine and Methamphetamine Trafficking

• In Event: Factors Influencing Criminal Case Processing and Outcomes

Abstract

Drug offenses are a major cause of incarceration. Due to a racial division in the usage and distribution of crack cocaine and methamphetamine, it is relevant to examine the sentencing disparity based upon variables specific to those drugs. The disparity that exists in the trafficking of crack cocaine and methamphetamine is examined using data from the United States Sentencing Commission. It is expected that greater numbers of African Americans will have been charged with trafficking crack cocaine in comparison to other racial groups, while Caucasians and Hispanics will have been charged with trafficking methamphetamine at vastly higher rates than African Americans. It is further expected that there are greater numbers of cases for trafficking crack cocaine than for trafficking methamphetamine. As methamphetamine has been linked to paranoia and aggression, it is further hypothesized that methamphetamine trafficking will have higher incidents of weapons use and possession, greater use of body armor, and that the defendants will exhibit greater violent tendencies and less familial ties than do those charged with crack cocaine trafficking. Therefore, it follows that methamphetamine traffickers are expected to receive more sentencing enhancements due to violence than do crack cocaine traffickers and less familial tie reductions.

Author

• Melissa Kaye Lopez-Baquero, Florida State University