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Beyond the 100:1 Ratio: Towards a Rational Cocaine Sentencing Policy

Abstract

Is there a logical basis for the 100:1 crack/powder cocaine sentencing ratio, by which an offender must distribute one hundred times as much powder cocaine as a similar crack offender to receive the same base sentence? William Spade argues that, although crack is more addictive and more easily marketable than powder cocaine, the 100:1 ratio unjustly overstates these differences and is politically untenable, given that most of the penological burden falls on African-American offenders. He concludes that a 20:1 ratio, which conservatively estimates the difference in amounts that mid-level crack and powder dealers distribute, as well as crack's greater addictiveness, would adequately account for the real differences between crack and powder without unfairly punishing crack offenders.

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Spade, W., Jr., (1996) “Beyond the 100:1 Ratio: Towards a Rational Cocaine Sentencing Policy”, Arizona Law Review 38(4), 1233–1289.

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Authors

William Spade Jr. (District Attorney, Philadelphia, Pennsylvania)

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