Hard Bargains
Hard Bargains

Author: Mona Lynch

Publisher: Russell Sage Foundation

Published: 2016-11-01

Total Pages: 221

ISBN-13: 1610448618

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The convergence of tough-on-crime politics, stiffer sentencing laws, and jurisdictional expansion in the 1970s and 1980s increased the powers of federal prosecutors in unprecedented ways. In Hard Bargains, social psychologist Mona Lynch investigates the increased power of these prosecutors in our age of mass incarceration. Lynch documents how prosecutors use punitive federal drug laws to coerce guilty pleas and obtain long prison sentences for defendants—particularly those who are African American— and exposes deep injustices in the federal courts. As a result of the War on Drugs, the number of drug cases prosecuted each year in federal courts has increased fivefold since 1980. Lynch goes behind the scenes in three federal court districts and finds that federal prosecutors have considerable discretion in adjudicating these cases. Federal drug laws are wielded differently in each district, but with such force to overwhelm defendants’ ability to assert their rights. For drug defendants with prior convictions, the stakes are even higher since prosecutors can file charges that incur lengthy prison sentences—including life in prison without parole. Through extensive field research, Lynch finds that prosecutors frequently use the threat of extremely severe sentences to compel defendants to plead guilty rather than go to trial and risk much harsher punishment. Lynch also shows that the highly discretionary ways in which federal prosecutors work with law enforcement have led to significant racial disparities in federal courts. For instance, most federal charges for crack cocaine offenses are brought against African Americans even though whites are more likely to use crack. In addition, Latinos are increasingly entering the federal system as a result of aggressive immigration crackdowns that also target illicit drugs. Hard Bargains provides an incisive and revealing look at how legal reforms over the last five decades have shifted excessive authority to federal prosecutors, resulting in the erosion of defendants’ rights and extreme sentences for those convicted. Lynch proposes a broad overhaul of the federal criminal justice system to restore the balance of power and retreat from the punitive indulgences of the War on Drugs.

Federal Narcotics Laws and the War on Drugs
Federal Narcotics Laws and the War on Drugs

Author: Thomas C Rowe

Publisher: Routledge

Published: 2013-04-15

Total Pages: 191

ISBN-13: 1135798753

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We’re losing the “war on drugs”—but the fight isn’t over yet Federal Narcotics Laws and the War on Drugs examines our current anti-drug programs and policies, explains why they have failed, and presents a plan to fix them. Author Thomas C. Rowe, who has been educating college students on recreational drug use for nearly 30 years, exposes the truth about anti-drug programs he believes were conceived in ignorance of the drugs themselves and motivated by racial/cultural bias. This powerful book advocates a shift in federal spending to move funds away from the failed elements of the “war on drugs” toward policies with a more realistic chance to succeed—the drug courts, education, and effective treatment. Common myths and misconceptions about drugs have produced anti-drug programs that don’t work, won’t work, and waste millions of dollars. Federal Narcotics Laws and the War on Drugs looks at how—and why—this has happened and what can be done to correct it. The book is divided into “How did we get into this mess?” which details the history of anti-narcotic legislation, how drug agencies evolved, and the role played by Harry Anslinger, Commissioner of the United States Bureau of Narcotics from 1930 to 1962; “What works and what doesn’t work,” which looks at the failure of interdiction efforts and the negative consequences that have resulted with a particular focus on the problems of prisons balanced against the drug court system; and a third section that serves as an overview of various recreational drugs, considers arguments for and against drug legalization, and offers suggestions for more effective methods than our current system allows. Federal Narcotics Laws and the War on Drugs also examines: the creation of the Federal Bureau of Narcotics current regulations and structures current federal sentencing guidelines current state of the courts and the prison system mandatory sentencing and what judges think interdiction for heroin, cocaine and crack cocaine, and marijuana early education efforts the DARE program drug use trends drug treatment models the debate over legalization Federal Narcotics Laws and the War on Drugs also includes several appendices of federal budget figures, cocaine and heroin purity and price, and federal bureau of prisons statistics. This unique book is required reading for anyone concerned about the drug problem in the United States and what is—and isn’t—being done to correct it.

Federal Sentencing the Basics
Federal Sentencing the Basics

Author: United States Sentencing Commission

Publisher:

Published: 2019-08-27

Total Pages: 56

ISBN-13: 9781688991422

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This paper provides an overview of the federal sentencing system. For historicalcontext, it first briefly discusses the evolution of federal sentencing during the past fourdecades, including the landmark passage of the Sentencing Reform Act of 1984 (SRA),1 inwhich Congress established a new federal sentencing system based primarily on sentencingguidelines, as well as key Supreme Court decisions concerning the guidelines. It thendescribes the nature of federal sentences today and the process by which such sentencesare imposed. The final parts of this paper address appellate review of sentences; therevocation of offenders' terms of probation and supervised release; the process whereby theUnited States Sentencing Commission (the Commission) amends the guidelines; and theCommission's collection and analysis of sentencing data.

5 Grams
5 Grams

Author: Dimitri A. Bogazianos

Publisher: NYU Press

Published: 2012

Total Pages: 216

ISBN-13: 0814787010

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In 2010, President Barack Obama signed a law repealing one of the most controversial policies in American criminal justice history: the one hundred to one sentencing disparity between crack cocaine and powder whereby someone convicted of “simply” possessing five grams of crack—the equivalent of a few sugar packets—had been required by law to serve no less than five years in prison. In this highly original work, Dimitri A. Bogazianos draws on various sources to examine the profound symbolic consequences of America’s reliance on this punishment structure, tracing the rich cultural linkages between America’s War on Drugs, and the creative contributions of those directly affected by its destructive effects. Focusing primarily on lyrics that emerged in 1990s New York rap, which critiqued the music industry for being corrupt, unjust, and criminal, Bogazianos shows how many rappers began drawing parallels between the “rap game” and the “crack game." He argues that the symbolism of crack in rap’s stance towards its own commercialization represents a moral debate that is far bigger than hip hop culture, highlighting the degree to which crack cocaine—although a drug long in decline—has come to represent the entire paradoxical predicament of punishment in the U.S. today.