[go: up one dir, main page]
IDEAS home Printed from https://ideas.repec.org/a/ucp/jlstud/doi10.1086-690205.html
   My bibliography  Save this article

Mandatory Minimums and the Sentencing of Federal Drug Crimes

Author

Listed:
  • David Bjerk
Abstract
The US federal mandatory minimum sentences are controversial not only because of the length of the mandatory sentences for even first-time offenders but also because eligibility quantities for crack cocaine crimes are small compared with those for other drug offenses. This paper shows that the impact of these mandatory minimums on sentencing is quite nuanced. A large fraction of mandatory-minimum-eligible offenders, particularly first timers, are able to avoid these mandatory minimums. Moreover, despite lower eligibility thresholds for crack-related offenses, a smaller fraction of those convicted of crack-related offenses are eligible for mandatory minimums relative to those convicted of other drug offenses. Furthermore, while being just eligible for a mandatory minimum increases sentence length on average, the impact is not uniform across drug offenses. Notably, sentences for crack offenders are generally sufficiently long such that, on average, sentences for crack offenders are not impacted by eligibility for a mandatory minimum.

Suggested Citation

  • David Bjerk, 2017. "Mandatory Minimums and the Sentencing of Federal Drug Crimes," The Journal of Legal Studies, University of Chicago Press, vol. 46(1), pages 93-128.
    • Handle: RePEc:ucp:jlstud:doi:10.1086/690205
    DOI: 10.1086/690205
    as

    Download full text from publisher

    File URL: http://dx.doi.org/10.1086/690205
    Download Restriction: Access to the online full text or PDF requires a subscription.
    File URL: http://dx.doi.org/10.1086/690205
    Download Restriction: Access to the online full text or PDF requires a subscription.
    File URL: https://libkey.io/10.1086/690205?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to look for a different version below or search for a different version of it.

    Other versions of this item:

    References listed on IDEAS

    as
    1. M. Marit Rehavi & Sonja B. Starr, 2014. "Racial Disparity in Federal Criminal Sentences," Journal of Political Economy, University of Chicago Press, vol. 122(6), pages 1320-1354.
    2. 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.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Jakub Drapal & Michal Soltes, 2021. "Sentencing Decisions Around Quantity Thresholds: Theory and Experiment," CERGE-EI Working Papers wp715, The Center for Economic Research and Graduate Education - Economics Institute, Prague.
    2. Jeffrey Penney & Steven Lehrer & Emilia Galan, 2024. "Mandatory minimum sentencing and its effect on sentencing distributions: Evidence from Canada," Canadian Journal of Economics/Revue canadienne d'économique, John Wiley & Sons, vol. 57(1), pages 55-77, February.
    3. Crow, Matthew S. & Goulette, Natalie, 2022. "Judicial diversity and sentencing disparity across U.S. District Courts," Journal of Criminal Justice, Elsevier, vol. 82(C).
    4. Travova, Ekaterina, 2023. "Under pressure? Performance evaluation of police officers as an incentive to cheat," Journal of Economic Behavior & Organization, Elsevier, vol. 212(C), pages 1143-1172.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Samantha Bielen & Peter Grajzl, 2021. "Prosecution or Persecution? Extraneous Events and Prosecutorial Decisions," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 18(4), pages 765-800, December.
    2. Jeffrey Penney & Steven Lehrer & Emilia Galan, 2024. "Mandatory minimum sentencing and its effect on sentencing distributions: Evidence from Canada," Canadian Journal of Economics/Revue canadienne d'économique, John Wiley & Sons, vol. 57(1), pages 55-77, February.
    3. LaVoice, Jessica & Vamossy, Domonkos F., 2024. "Racial disparities in debt collection," Journal of Banking & Finance, Elsevier, vol. 164(C).
    4. Brigitte Pereira, 2023. "Guidelines, court decisions and dismissals [Barèmes d’indemnisation, décisions de justice et licenciement]," Post-Print hal-04190156, HAL.
    5. Gian Maria Campedelli, 2022. "Explainable Machine Learning for Predicting Homicide Clearance in the United States," Papers 2203.04768, arXiv.org.
    6. Cécile Bourreau-Dubois & Myriam Doriat-Duban & Bruno Jeandidier & Jean Claude Ray, 2020. "Do sentencing guidelines result in lower inter-judge disparity? Evidence from framed field experiment," Working Papers of BETA 2020-28, Bureau d'Economie Théorique et Appliquée, UDS, Strasbourg.
    7. Richard T. Boylan, 2012. "The Effect of Punishment Severity on Plea Bargaining," Journal of Law and Economics, University of Chicago Press, vol. 55(3), pages 565-591.
    8. Shamena Anwar & Hanming Fang, 2015. "Testing for Racial Prejudice in the Parole Board Release Process: Theory and Evidence," The Journal of Legal Studies, University of Chicago Press, vol. 44(1), pages 1-37.
    9. Briggs Depew & Ozkan Eren & Naci Mocan, 2017. "Judges, Juveniles, and In-Group Bias," Journal of Law and Economics, University of Chicago Press, vol. 60(2), pages 209-239.
    10. Bartoš, Vojtěch & Levely, Ian, 2021. "Sanctioning and trustworthiness across ethnic groups: Experimental evidence from Afghanistan," Journal of Public Economics, Elsevier, vol. 194(C).
    11. Levely, Ian & Bartos, Vojtech, 2018. "Sanctioning and Trustworthiness Across Ethnic Groups," Rationality and Competition Discussion Paper Series 107, CRC TRR 190 Rationality and Competition.
    12. Simone Bertoli & Morgane Laouenan & Jérôme Valette, 2022. "Border Apprehensions and Federal Sentencing of Hispanic Citizens in the United States," SciencePo Working papers Main hal-03818735, HAL.
    13. Bindler, Anna & Hjalmarsson, Randi, 2016. "The Fall of Capital Punishment and the Rise of Prisons: How Punishment Severity Affects Jury Verdicts," Working Papers in Economics 674, University of Gothenburg, Department of Economics.
    14. Sarah Esther Lageson, 2016. "Found Out and Opting Out," The ANNALS of the American Academy of Political and Social Science, , vol. 665(1), pages 127-141, May.
    15. Luise Goerges & Tom Lane & Daniele Nosenzo & Silvia Sonderegger, 2023. "Equal before the (expressive power of) law?," Economics Working Papers 2023-12, Department of Economics and Business Economics, Aarhus University.
    16. Eren, Ozkan & Mocan, Naci, 2020. "Judge Peer Effects in the Courthouse," IZA Discussion Papers 13937, Institute of Labor Economics (IZA).
    17. Vickers, Chris, 2016. "Socioeconomic status and judicial disparities in England and Wales, 1870–1910," Explorations in Economic History, Elsevier, vol. 61(C), pages 32-53.
    18. Melissa Rubio-Ramos, 2022. "From Plantations to Prisons: The Race Gap in Incarceration After the Abolition of Slavery in the U.S," ECONtribute Discussion Papers Series 195, University of Bonn and University of Cologne, Germany.
    19. Julia Godfrey & Kegon Teng Kok Tan & Mariyana Zapryanova, 2023. "The Effect of Parole Board Racial Composition on Prisoner Outcomes," Working Papers 2023-011, Human Capital and Economic Opportunity Working Group.
    20. Ramos Maqueda,Manuel & Chen,Daniel Li, 2021. "The Role of Justice in Development : The Data Revolution," Policy Research Working Paper Series 9720, The World Bank.

    More about this item

    JEL classification:

    • J15 - Labor and Demographic Economics - - Demographic Economics - - - Economics of Minorities, Races, Indigenous Peoples, and Immigrants; Non-labor Discrimination
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ucp:jlstud:doi:10.1086/690205. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Journals Division (email available below). General contact details of provider: https://www.journals.uchicago.edu/JLS .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.