More than Numbers: A Proposal for Rational Drug Sentences

Abstract

For decades, federal law has used the weight of narcotics seized as a proxy for the culpability of a defendant. This method has, predictably, resulted in the over-incarceration of mules and others who hold drugs for a relatively short period of time, rather than the true drug kingpins. This article proposes specific changes to federal law to address this problem.

Keywords: sentencing, drugs, narcotics, mandatory minimums

JEL Classification: K14, K42