Sentencing and discrimination
DUE: On the day of the Midterm
POINTS: Up to 20
On WebBoard, somebody wrote about the possible racial disparity in
sentencing between rock cocaine and powder:
In the state of Illinois it is unlawful to possess any form of
cocaine and the sentencing guidelines are the same for either cocaine
or crack.
1. 15 to 100 grams - 4 to 15 years
2. 100 to 400 grams - 6 to 30 years
3. 400 to 900 grams - 8 to 40 years
4. 900 or more grams - 10 to 50 years
5. Any amount of a substance containing cocaine not covered above is
guilty of a Class 4 felony.
(2001 Edition of West's Illinois Criminal Law and Procedure p.438)
This only reflects the law in Illinois, it may be and usually is
different from other states and federal laws.
I personally haven't seen any data but it possible that minorities
could receive higher sentences than whites which would support
your view of racial inequality. Although the law itself may not
discriminate minorities, the discretion held by the prosecutors
and judges may play a part during sentencing.
The Assiggnment:
In 500 about words:
a) Why could the law be seen as "racist"
b) Has the outcome (see federal prosecution/sentencing statistics)
led to harsher punishments?
c) What other laws can you identify that target minorities more heavily
than Whites?
Hint: Read chapters 4 and 19 of Clear and COle
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