Assessing the Impact of the Fair Sentencing Act 2010 on Sentencing in Federal Cocaine Cases

• In Event: Drug Charging and Sentencing

Abstract

This study investigates the impact of the Fair Sentencing Act 2010 (FSA) on federal cocaine sentencing outcomes, focusing on disparities in substantial assistance (SA) departures, sentence discounts, and sentence length. Drawing on the focal concerns perspective and Bushway and Forst’s (2013) discretion framework, hypotheses were formulated to examine the influence of the passage of FSA, cocaine type, race, and ethnicity on sentencing. Federal cocaine sentencing data were analyzed, revealing that while FSA did not significantly affect SA likelihood, it led to increased sentence discounts and reduced average sentences for crack cases. Additionally, racial and ethnic disparities persisted, with Black and Hispanic individuals receiving harsher treatment compared to their White counterparts, particularly in SA likelihood and sentence discounts. The study highlights the ongoing influence of focal concerns in sentencing decisions, suggesting the need for comprehensive reforms within the criminal justice system to address these persistent disparities.

Authors

• Makeela J. Wells, Auburn University

• Anjolaoluwa Ogunsina, Auburn University