Mandatory Minimum Sentences for Drug Offenses

The Issue

Since the advent in 1986 of mandatory minimum sentences for drug related offenses, the U.S. prison population has exploded. And, despite the evidence that ethnic minority Americans and Caucasians use drugs at roughly the same rate, people of color, especially African Americans, have been especially hard hit by mandatory minimum sentences. African Americans comprise bout 13% of the United States’ population, 15% of drug users, 17% of cocaine users, 33% of all federal drug convictions, an amazing 57% of Federal cocaine convictions and a staggering 84% of all federal crack cocaine convictions.

Mandatory minimum sentences have not reduced sentencing discrepancies; rather they have transferred discretion from judges to prosecutors. Prosecutors, not judges, have the discretion to reduce a charge, accept or deny a plea bargain, reward or deny a defendant’s substantial assistance or cooperation in the prosecution of someone else and, ultimately, to determine the final sentence of the defendant. Before mandatory minimums for crack cocaine offenses became effective, the average Federal offense for African Americans was 11% higher than Caucasians. Following the implementation of mandatory drug sentencing laws, the average drug offense sentence for African Americans was 49% higher than Caucasians.

Perhaps the biggest irony of the current mandatory minimum sentences is that as a result, the Federal Bureau of Prisons’ budget has increased by more than 1,350%, from $22 million in 1986 to over $3 billion in 1997. This means that almost $2.8 billion that could be spent on prevention, interdiction, and fighting drug king-pins is being spent on housing small-time crack cocaine users.

In addition to supporting legislation aimed specifically at eliminating the sentencing discrepancies for crack cocaine, the NAACP national Board of Directors has endorsed the "Major Drug Trafficking Prosecution Act", introduced by Congresswoman Maxine Waters (D-CA) in the 106th Congress. This bill would eliminate mandatory minimum sentences for small-time drug offenses so that federal monies can be concentrated on investigating and prosecuting those offenses that are major. Unfortunately, this legislation was not acted on prior to adjournment of the 106th Congress.

The Message

Mandatory minimum sentences have taken sentencing discretion away from judges and given it to prosecutors. Prosecutors, not judges, have the discretion to reduce a charge, accept or deny a plea bargain, reward or deny a defendant’s substantial assistance or cooperation in the prosecution of someone else and, ultimately, to determine the final sentence of the defendant.

As a result of mandatory minimum sentences for drug offenses, African American over-representation among the U.S. prison population has sky-rocketed. African Americans comprise about 13% of the United States’ population, 15% of drug users, 17% of cocaine users, 33% of all federal drug convictions and an amazing 57% of Federal cocaine convictions, and a staggering 84% of federal crack cocaine convictions.

Mandatory minimum sentences for drug offenses have NOT solved our nation’s drug problems. In fact, rather than focusing on drug king-pins, mandatory minimums have forced the federal government to spend billions of dollars on housing small-time users.

In order for our nation to develop a truly effective anti-drug policy, we need to eliminate these mandatory minimum sentences and allow the federal government to use its money and resources on fighting major drug offenders.