Equal Sentences? Equal Protection? The Crack and Powder Cocaine Sentencing Disparity Under the Federal Sentencing Guidelines

Shentell Auffart, University of Nebraska at Omaha

ABSTRACT
This paper will examine the sentencing disparity between crack and powder cocaine under the Federal Sentencing Guidelines. Additionally, this sentencing disparity will be examined within the context of equal protection and Title VII ("The Civil Rights Act"). An argument will be made that this inherent disparity within the Federal Sentencing Guidelines is violative of equal protection principles, in that equal sentences are not imposed for like offenses.

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Updated 05/20/2006