The Effects of the Fair Sentencing Act 2010 on Sentencing Outcomes for Females Convicted of Cocaine Offenses

• Author: Makeela J. Wells
• DOI: http://doi.org/10.1177/15570851221098034
• Published date: 01 October 2022
• Date: 01 October 2022
• Subject Matter: Articles

Article

Feminist Criminology

2022, Vol. 17(4) 514–540

© The Author(s) 2022

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DOI: 10.1177/15570851221098034

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The Effects of the Fair

Sentencing Act 2010 on

Sentencing Outcomes for

Females Convicted of

Cocaine Offenses

Makeela J. Wells

1



Abstract

Initiatives have been implemented to reduce the federal sentencing disparity between

crack and powder cocaine offenses. The current study investigated the impact of the

Fair Sentencing Act 2010 (FSA) on sentencing outcomes for females convicted of

federal cocaine offenses. Specif‌ically, the study examined the inf‌luence of race, eth-

nicity, and drug-related factors on presentence detention, downward departures, and

sentence length before and after FSA. Using federal sentencing data, results revealed a

substantial decrease in the number of crack cocaine offenses and average sent ence

length after FSA. Additionally, results revealed that there were racial and ethnic dif-

ferences in sentencing outcomes.

Keywords

cocaine, Fair Sentencing Act 2010, females, race/ethnicity, sentencing

Introduction

The 1970s and 1980s experienced a push toward eradicating public enemy #1 –drugs.

The f‌ight against this perceived enemy led to the passage of legislation in the hopes of

1

Auburn University, Auburn, AL, USA

Corresponding Author:

Makeela J. Wells, Auburn University, 7030C Haley Center, Auburn, AL 36849-5412, USA.

Email: mjw0087@auburn.edu

eliminating the “drug problem.”Two policies were arguably signif‌icant contributors to

the increase in incarceration for drug offenses. The 1986 and 1988 Anti-Drug Abuse

Acts introduced the 100-to-1 crack-powder cocaine quantity ratio, where offenses

involving at least 5 g of crack cocaine triggered the same mandatory minimum sentence

as offenses involving 500 g of powder cocaine (Lynch, 2016;U.S. Sentencing

Commission, 2015a). These policies would become synonymous with the war on

drugs. An added consequence of this “war”, along with racial and ethnic disparity in

sentencing, was the increased arrest and incarceration of females involved in drug

offenses. For example, Merolla (2008) noted that the most rapid increase in female drug

arrests occurred in 1987, one year after the passing of the Anti-Drug Abuse Act of 1986.

As a result of increases in arrests, there were increases in female incarceration rates for

drug offenses as well (Bush-Baskette, 2010;Merolla, 2008). It would take almost

25 years for the passage of the Fair Sentencing Act 2010 (FSA, hereafter) to reduce the

crack-powder cocaine quantity ratio to 18-to-1. At year-end 2015, there were close to

105,000 females incarcerated in state and federal facilities. Of these, 50% were White

females, 21% were Black females, and 17% were Hispanic females. In the same year,

about 25% of females in state facilities were serving sentences for drug offenses while

59% of females in federal facilities were serving sentences for drug offenses (Carson &

Anderson, 2016).

One study, to date, has explored the effects of FSA on sentences for federal offenses

involving crack cocaine. Bjerk (2017) sought to determine any changes in sentencing

outcomes for federal crack cocaine offenses handled after FSA, f‌inding that the average

sentence for crack cocaine offenses decreased. While Bjerk’s (2017) study has con-

tributed to the continuing knowledge of federal cocaine sentencing, his study did not

explore how individual and case characteristics inf‌luenced sentencing outcomes before

and after FSA. Thus, the goal of the current study was to examine the effects of FSA on

the role of race, ethnicity, and drug-related factors in inf‌luencing three sentencing

outcomes: presentence detention, receipt of a downward departure, and sentence length

for females convicted of federal cocaine offenses.

The current study sought to f‌ill the gap in sentencing research related to both FSA

and females convicted of drug offenses in three ways. First, it solely focused on females

who were convicted of either crack or powder cocaine offenses at the federal level for

which the FSA policy was implemented. Few studies have explored sentencing

outcomes for females only (Brennan, 2009;Bush-Baskette & Smith, 2012;Cho &

Tasca, 2019;Crawford, 2000;Crow & Kunselman, 2009;Kruttschnitt, 1980-81;1982;

Sharp et al., 2000), and fewer studies have examined sentencing outcomes for crack and

powder cocaine offenses alone (Chappell & Maggard, 2007;Hartley et al., 2007;

Hartley & Miller, 2010;Lee & Testa, 2020;McDonald & Carlson, 1993). Second, the

current study sought to add to the growing literature regarding passage of FSA and its

impact on sentencing outcomes for federal crack cocaine offenses. Third, it examined

two early decision-making points, presentence status and likelihood of a downward

departure. Few studies have explored these two decision points in congruence with f‌inal

sentencing outcomes (e.g., Hartley et al., 2010;Spohn & Belenko, 2013).

Wells 515