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

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, ethnicity, 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 sentence length after FSA. Additionally, results revealed that there were racial and ethnic differences 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 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 contributed 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).

The study utilized the chivalry framework to explore any racial and ethnic differences in outcomes related to presentence status, downward departures, and sentence length. According to the chivalry framework, females are afforded more leniency than males when it comes to the criminal justice system, resulting from ideals of paternalism; however, that leniency may not be extended to all females, depending on their race, ethnicity, and offense type. Selective chivalry asserts that the female advantage experienced in the criminal justice system extends to white females more so than females of color. A third element of the chivalry framework is differential discretion, whereby racial, ethnicity, and gender disparities may be more evident in stages of court processing handled prior to final sentencing. (Brennan, 2006; Farnworth & Teske, 1995; Hagan, 1974; Miethe, 1987).

The Fair Sentencing Act of 2010

Both the “crack cocaine epidemic” and media portrayals of crack cocaine use led to Congress’s calls for several initiatives to remedy America’s “crack cocaine problem”. First, Congress enacted the Anti-Drug Abuse Act of 1986, which established five- and 10-year mandatory minimum sentences for trafficking crack and powder cocaine. Most infamously, the act also set the 100-to-1 sentencing disparity between crack and powder cocaine (U.S. Sentencing Commission, 2015a). The impetus for the quantity disparity was the belief that crack cocaine was highly addictive and more dangerous than powder cocaine. Additionally, scholars have noted racial and ethnic differences in which groups were associated with each cocaine type. Crack cocaine was often associated with inner-city neighborhoods, disproportionately populated by the poor and Black individuals, and categorized by high crime rates while powder cocaine was typically linked to White individuals, those in middle- and upper-class neighborhoods, and Hispanic individuals trafficking powder cocaine into the United States (Bush-Baskette, 2010; Cobbina, 2008; Goode & Ben-Yehuda, 2009; Reinarman & Levine, 1997a, 1997b).

As media coverage and concerns over crack cocaine exacerbated, Congress enacted the Anti-Drug Abuse Act of 1988, making a first-time conviction for simple possession of crack cocaine punishable by at least 5 years of incarceration. This revision also expanded the mandatory minimum to cases where an individual conspired to commit a drug-related crime (U.S. Sentencing Commission, 2015a). Over the years, the United States Sentencing Commission (USSC) continued to revisit the effects of these policies on federal sentencing, noting the racial and ethnic disparity in federal sentencing, and providing several recommendations to reduce the disparity associated with crack and powder cocaine. However, it was not until the early 2000s when three Supreme Court decisions greatly influenced sentencing disparity associated with cocaine offenses. In Booker v. United States (2005), the Court ruled that sentencing guidelines for crack and powder cocaine offenses were advisory, with this decision only applying to cases where there was no mandatory minimum sentence or in cases where the judge did not impose additional penalties beyond the statutory minimum. In Kimbrough v. United States (2007), the Court ruled that judges could impose sentences that were outside the ranges associated with federal sentencing guidelines and, in Spears v. United States (2009), district courts were granted the authority to no longer use the 100-to-1 crack-powder cocaine quantity ratio (U.S. Sentencing Commission, 2015a).

Five years after the Booker decision, former President Barack Obama signed into law, the Fair Sentencing Act 2010, which reduced the crack and powder cocaine quantity from 100-to-1 to 18-to-1; thus, increasing the amount of crack cocaine required for five- and ten-year mandatory minimum sentences (U.S. Sentencing Commission, 2015b). In 2011, the decision was made to apply FSA retroactively; individuals convicted on or after August 3, 2010, regardless of the time the crime took place, were eligible to be sentenced under the new cocaine quantity ratio. In 2014, Congress reduced the drug guidelines for all drugs by two levels, decreasing the severity of the sentence imposed (U.S. Sentencing Commission, 2015b).

Females, Chivalry, and Sentencing Research

Prior sentencing research has linked differential treatment between males and females and, racial and ethnic differences among females, in the criminal justice system to the chivalry framework, which argues that prosecutors and judges, who are overwhelmingly male, may be less willing to incarcerate females for their criminal behavior. More specifically, the chivalry framework asserts that, on average, females are treated more leniently than their male counterparts due in part to those involved (e.g., victims and criminal justice actors) unwillingness to take action against females involved in criminal behavior (Chesney-Lind, 1986; Farnworth & Teske, 1995; Moulds, 1978; Spohn & Beichner, 2000; Spohn & Spears, 1997). A concept associated chivalrous treatment of females is paternalism, or the belief that females are in need of protection and guidance because they are defenseless and less responsible for their actions (Crew, 1991; Moulds, 1978). In the end, the actions of criminal justice actors toward females may be viewed as measures taken to protect them from themselves and the harms of both society and the criminal justice system (e.g., incarceration).

Although the assumptions of the chivalry framework have been supported by previous sentencing research findings (see, Moulds, 1978; Spohn & Beichner, 2000), some research has revealed that not all females benefit from the same level of chivalry afforded by criminal justice actors. This is what has been termed selective chivalry (Anderson, 1976; Farnworth & Teske, 1995; Moulds, 1978; Spohn & Beichner, 2000; Spohn & Spears, 1997). Females who violate ideals of gender norms that are considered outside the bounds of traditional gender role expectations are not afforded the same level of leniency as females who meet traditional gender role expectations (Brennan, 2009; Chesney-Lind, 1986; Young, 1986). A component of gender role expectations is childcare responsibilities; participation in female criminality, especially by those who are mothers, contradict prescribed gender role expectations which, in turn, can result in more punitive treatment of females. Thus, judges may assume that children may be better off with other relatives, in foster care, or in the care of the state.

Additionally, selective chivalry may be influenced by the type of crime in which females commit. Crimes categorized as aggressive and involve personal confrontation have been labeled as “masculine” while crimes, such as prostitution and property crimes (e.g., shoplifting) have been categorized as “feminine” (Chesney-Lind, 1986; Farnworth & Teske, 1995; Moulds, 1978; Spohn & Beichner, 2000). Thus, females who engage in “unfeminine” criminal behavior (e.g., murder) tend to be sentenced more harshly, receiving equal or more severe punishments than males convicted of similar crimes (Crew, 1991; Spohn & Beichner, 2000). However, when it comes to drug offenses, a unique feature is the portrayal of females who used drugs. Boyd (2002) explored media portrayals of drugs and identified several myths about drug use perpetuated in drug films. One common myth identified females who used drugs as less moral than their male counterparts due to the perception that these females were violating gender roles and acting similar to males. As a consequence, females who used drugs were labeled as double deviants because they were viewed as breaking both criminal law and gender role expectations prescribed by society. Similarly, Daly (1987) asserted that judges may be more likely to incarcerate females convicted of drug offenses because judges may view them in a similar light to females convicted of child abuse or prostitution.

A third element in the effects of selective chivalry on sentence severity is the racial and ethnic differences in the depiction of White females in comparison to their Black and Hispanic counterparts. For example, White females are often depicted as passive, non-aggressive, and more in need of protection than males or females of color; however, females of color, particularly Black and Hispanic females, have been portrayed differently. For example, Black females have been stereotyped, in some cases, as dangerous and aggressive as their Black male counterparts (Brennan, 2006, 2009; Young, 1986). Additionally, the image of the Black female as a threat to both patriarchy and white supremacy may influence the amount of chivalry extended to Black females. For example, the ideals of self-reliance and assertiveness established in the slave community contradicted the ideals of both patriarchy and white supremacy. Additionally, Black females have never been afforded the opportunity of economic dependence as White females, which has continuously been in direct contradiction of patriarchal ideals of femininity (Brennan, 2009; Young, 1986). When it comes to images of criminality, White females have been depicted as passive individuals who were persuaded or led to engage in crime by males while Black females have been portrayed as having more autonomy in their decision to engage in criminal behavior (see Chesney-Lind, 1986; Young, 1986).

As for the interactive effects of gender and ethnicity on chivalry, Hispanic females, as a whole, have been differentially characterized in comparison to White females. Generally, Hispanic individuals have been disproportionately depicted as illegal immigrants and contributing the crime problem in the United States (e.g., gang activity; Steffensmeier & Demuth, 2000). Regarding Hispanic females, research revealed that they have been depicted as gang members, drug users, and “irresponsible mothers of gang members” (Brennan, 2006, p. 65). These negative portrayals of Hispanic individuals have been attributed to increases in the Hispanic population in the United States, which has led some individuals to perceive both economic and social threats from this group (Steffensmeier & Demuth, 2000). In the end, differential portrayals and perceptions of Black, Hispanic, and White females may lead both prosecutors and judges to assume that Black and Hispanic females are more deserving of harsher punishments as well as more capable of serving harsh punishments in comparison to their White counterparts.

Sentencing research solely on females involved in drug offenses has been limited and has shown relative support for the chivalry framework. To date, few studies have utilized quantitative analyses on this specific population (Brennan, 2009; Bush-Baskette & Smith, 2012; Cho & Tasca, 2019; Crawford, 2000; Crow & Kunselman, 2009; Kruttschnitt, 1980-81; 1982; Sharp et al., 2000). Overall, these studies have found racial and ethnic differences in sentencing outcomes for female drug offenses. For example, Kruttschnitt (1980-81, 1982) examined racial differences in sentence severity among a sample of females sentenced in a northern California county and found that Black females sentenced for drug offenses received harsher sentences than similarly situated White females. Crawford (2000) found that, among females incarcerated in Florida, Black females, and those sentenced for drug offenses, in particular, were two times likely than White females to be sentenced as “habitual offenders.” Similarly, Sharp and colleagues (2000) explored the impact of race among females sentenced in Oklahoma for drug offenses and found that White females received more lenient sentences than Black females. Conversely, in research on a sample of females convicted of drug offenses, Brennan (2009) found that although most of the females in the sample received community-based punishment (e.g., probation), Black females received shorter sentences than their White female counterparts. Brennan (2009) asserted that the leniency received by Black females was the product of harsh treatment Black females experienced in earlier stages of criminal justice system.

Regarding ethnicity, two of the previously mentioned studies have explored ethnic differences in sentencing outcomes for female drug offenses. Crow and Kunselman (2009) examined the effects of race and ethnicity on sentencing for female drug offenses in Florida, revealing that the level of disparity between Black, Hispanic, and White females was the result of the interaction of race, ethnicity and offense type, finding that Black and Hispanic females sentenced for drug offenses had greater odds of incarceration and received longer sentences than White females. Bush-Baskette and Smith (2012) sought to determine how ethnicity influenced sentence length for females involved in federal methamphetamine offenses in 1996 and 2006. They found that ethnicity proved to be a significant predictor of sentences in 2006, but not in 1996. In 2006, Hispanic females sentenced for methamphetamine offenses received longer sentences than non-Hispanic females.

Although majority of these studies revealed racial and ethnic differences in sentencing outcomes for female drug offenses, Cho and Tasca (2019) found no racial or ethnic differences in sentence length for female drug offenses in Arizona. Consistent with previous sentencing research (see Brennan & Spohn, 2009), these findings seemed to suggest that legal factors matter more than extralegal factors for sentence length among females. Additionally, judges may perceive females, regardless of race and ethnicity, as less dangerous, less blameworthy, and more amendable to rehabilitation (see Moulds, 1978; Steffensmeier et al., 1998).

These studies provide some evidence that Black and Hispanic females involved in drug offenses tend to be treated more punitively than White females; however, sentencing research not specific to drug offenses has been less conclusive. For example, some of these studies have found that White females received more preferential treatment compared to females of color (Brennan, 2006; Crew, 1991; Steffensmeier & Demuth, 2006; Steffensmeier, Kramer, & Striefel, 1993; Steffensmeier et al., 1998) while other studies reported no racial and ethnic differences in sentencing among females (Brennan & Spohn, 2009; Doerner & Demuth, 2010; Spohn & Beichner, 2000). Still, another body of research has revealed sentencing differences that favored Black and Hispanic females (Doerner, 2015; Doerner & Demuth, 2010; Griffin & Wooldredge, 2006; Koons-Witt, 2002; Spohn, 2009).

Previous studies have also suggested that researchers must consider the stage of court processing in which discretion, or chivalry, may occur. Hagan (1974) argued that discretion, and disparity in particular, were more likely to occur at early stages of a case (e.g., presentence status and charge reductions) than later stages (e.g., sentencing). In his study, Miethe (1987) asserted that, as a particular case is processed through each stage, the ability to exercise discretion becomes more difficult. Therefore, prosecutors may utilize greater discretion at earlier stages in the process. Research exploring the interactive effects of race, ethnicity and gender on presentence status and receipt of downward departures has been mixed.

Prior research has shown that presentence detention serves as a key decision point in the criminal justice process that has immediate effects, with individuals denied release or those unable to post bail or bond remaining in custody until their case is disposed (Reitler et al., 2013; Sacks et al., 2015). Presentence status can also influence the final stage of criminal justice decision making – sentencing. Judges may perceive females held prior to trial as more dangerous than females who were released, resulting in longer sentences. Regarding the effects of gender on presentence status, findings have revealed that females were more likely than males to be released either on their own recognizance or through bail or bond (Demuth & Steffensmeier, 2004; Freiburger & Hilinski, 2010; Nagel & Hagan, 1983; Spohn, 2009; Spohn & Belenko, 2013). When it comes to the effects of race and ethnicity on presentence status among females, findings have been less conclusive. Some studies revealed no racial and ethnic differences in presentence detention among females (Ball & Bostaph, 2009; Spohn, 2009) while others reveal that race and ethnicity interact with gender to provide advantageous results (see Demuth & Steffensmeier, 2004; Freiburger & Hilinski, 2010). For example, Demuth and Steffensmeier (2004) found that White females were less likely than Black and Hispanic females, respectively, to be detained. However, they argued that although Black females were more likely to be detained than White females, the effects of race were offset by the likelihood of White females being “preventively detained” (Demuth & Steffensmeier, 2004, p. 235). Contrary results by Freiburger and Hilinski (2010) revealed that Black females were the least likely to be detained because they were more likely to be single parents and suggested judges may have been reluctant to disrupt families. Further, Black females may possess better financial resources than Black males to secure bail.

Downward departures allow judges to sentence below federal guideline ranges, significantly lowering the average sentence received. Regarding prior research on receipt of downward departures, females were more likely than males to receive a downward departure (Hartley et al., 2007; Holmes et al., 2020; Holmes & D’Amato, 2020; Spohn & Belenko, 2013; Spohn & Brennan, 2011; Spohn & Fornango, 2009; Stacey & Spohn, 2006). The effects of race and ethnicity on downward departures for females has also been mixed, with some studies finding no racial or ethnic differences (e.g., Spohn & Brennan, 2011) while others find that White females receive more preferential treatment than females of color (Holmes & D’Amato, 2020; Holmes et al., 2020; Logue, 2011). Differential results among females may be explained by judges’ perceptions of White females having less autonomy in criminal behavior than Black and Hispanic females.

Considered together, the findings from previous sentencing research illuminated the importance of understanding the role of chivalry in explaining racial and ethnic differences in sentencing outcomes among females convicted of federal cocaine offenses. The chivalry framework suggested that females receive lenient treatment, with White females receiving more leniency than females of color due to negative perceptions and images of Black and Hispanic females. Additionally, the chivalry framework purported that the differential discretion experienced by females may be more likely to occur at earlier stages of case processing. The present study sought to explore these suggestions.

Current Study

Sentencing research has overwhelmingly explored the impact of chivalry on gender disparities among male and females; however, little research has investigated sentencing differences among females alone (Brennan, 2009; Bush-Baskette & Smith, 2012; Cho & Tasca, 2019; Crawford, 2000; Crow & Kunselman, 2009; Kruttschnitt, 1980-81, 1982; Sharp et al., 2000). Studies have also explored the types of sentences given to Black and Hispanic females sentenced for drug offenses in comparison to their White counterparts; but very few studies have examined racial and ethnic differences in sentencing for cocaine offenses involving females only. It is important for research to explore racial and ethnic differences in sentencing outcomes for female drug offenses because, as Steen and colleagues (2005) noted, stereotypes associated with offending have been influenced by stereotypes related to gender, race, and ethnicity. Based on the prior research discussed above, the following hypotheses will be explored:

Hypothesis 1a: FSA will have a significant effect on presentence status. More specifically, it is expected that likelihood of detention will decrease after FSA.

Hypothesis 1b: Black and Hispanic females will be more likely than White females to be held in custody prior to sentencing before and after passage of FSA. However, it is expected that the effects of race and ethnicity will be greater before passage of FSA.

Hypothesis 2a: FSA will have a significant effect on the likelihood of receiving a downward departure. More specifically, it is expected that the likelihood of receiving a downward departure will increase after FSA.

Hypothesis 2b: Black and Hispanic females will be less likely than White females to receive a downward departure before and after passage of FSA. However, it is expected that the effects of race and ethnicity will be greater before passage of FSA.

Hypothesis 3a: FSA will have a significant effect on the determination of sentence length. More specifically, it is expected that females sentenced after FSA will receive shorter sentences.

Hypothesis 3b: Black and Hispanic females will receive longer sentences than White females before and after FSA. However, it is expected that the effects of race and ethnicity will be greater before passage of FSA.

Method

Data

Data was drawn from the USSC’s Monitoring of the Federal Crime Sentences program for years 2005–2009 (pre-FSA) and years 2011–2015 (post-FSA). Data for the year 2010 were excluded to account for the year in which FSA was passed. Cases used in analyses were based on four criteria. First, the subsamples were filtered based on gender and drug type, resulting in subsamples including only females whose primary offense involved either crack or powder cocaine. Second, analyses were restricted to females who trafficked, manufactured, and/or imported cocaine because this group represented the majority of cases (95%). Third, analyses excluded cases with missing data on any of the variables of interest. Finally, analyses were restricted to the 90 districts that represent the 50 states and the District of Columbia. After these exclusion procedures, 7190 cases remained for analyses, including 4331 cases in the pre-FSA subsample and 2859 cases in the post-FSA subsample.¹

Measures

To examine the effects of FSA on federal cocaine sentencing for females, three dependent variables were analyzed. Presentence status was a dichotomous variable, where “0” represented females released and “1” represented females held prior to sentencing. Downward departure was also a dichotomous variable representing whether a female received a downward departure (“0” = no downward departure; “1” = downward departure). Finally, in sentencing research, two sentencing outcomes have been analyzed: the decision to incarcerate and sentence length. Since majority of females in the study received an incarcerative sentence (over 90%), analyses presented here focused on sentence length. Sentence length, a continuous variable, represented the number of months in prison received for the offense.

The key independent variables included in the study were FSA, the race or ethnicity of the individual, and drug-related factors. FSA was measured using a dichotomous variable, with “0” representing cases handled prior to FSA and “1” representing cases handled after passage of FSA. Additionally, dichotomous variables for sentencing year were included in analyses where data were divided by pre- and post-FSA subsamples. Year 2005 served as the reference category for pre-FSA analyses and 2011 served as the reference category for post-FSA analyses. Three dichotomous variables were included to represent the race or ethnicity of the individual, with White females serving as the reference category. Regarding drug-related factors, whether a mandatory minimum was applied in the case was included in analyses (“0” = no drug mandatory minimum; “1” = drug mandatory minimum). Cocaine type measured whether crack or powder cocaine was the drug involved in the case, with powder cocaine as the reference category.

Several important control variables that have been found to significantly influence sentencing outcomes in previous research were included in the current study. Age was measured in years and education was a dichotomous variable representing the highest level of education attained (“0” = less than high school (HS) diploma; “1” = HS graduate or greater). Criminal history and offenses severity, ordinal-level measures, represented final criminal history and offenses severity categories applied by the judge. Following the recommendations of Engen and Gainey (2000) and U.S. Sentencing Commission (2004), presumptive sentence was used in lieu of offense severity for downward departure and sentence length analyses. Presumptive sentence, measured in months, represented the baseline sentence for which a judge can impose in a case. Case disposition was a dichotomous variable measuring if the female either pled guilty or opted to have the case heard through trial proceedings.

Analytic Strategy

The primary goals of the current research were to explore the role of race, ethnicity, and drug-related factors in influencing sentencing outcomes and investigate if the effects were similar before and after FSA. Analyses first began by examining the descriptive statistics for the dependent and independent variables in the study, with particular attention given to differences in the variables for pre- and post-FSA time periods. Second, regression analyses were conducted to examine the influence of FSA on the effects of the independent variables on presentence detention, downward departure, and sentence length. After determining the influence of FSA, data were partitioned by time periods (i.e., pre-FSA and post-FSA) to determine which independent variables influenced the three dependent variables across time periods. Logistic regression analyses were utilized for presentence detention and downward departure models while sentence length models used ordinary least squares (OLS) regression analyses. To determine whether the implementation of FSA conditioned the effects of independent variables on the three dependent variables, z-score analyses were used. These analyses were only performed for independent variables that were significant for both time periods (Paternoster et al., 1998). Finally, previous research has shown that factors influencing federal sentencing outcomes vary across judicial districts (see Albonetti, 1997). Thus, to account for interdistrict variation, the cluster command in Stata was used.

Results

Descriptive Statistics

Table 1 presented the descriptive statistics for the dependent and independent variables for the full sample and for each period individually. Given the interest in time period, discussion here focused on descriptive statistics for the pre-FSA and post-FSA subsamples. As shown in Table 1, the total number of federal cocaine cases reduced by 34%, from 4331 cases to 2859 cases. The average sentence length for trafficking cocaine also decreased by 20%, from 59.22 months to 47.61 months. There were racial and ethnic differences in sentence length across time periods (not shown, available upon request). After passage of FSA, Black females experienced the greatest decrease (a 24% decrease) in sentence length, followed by White and Hispanic females, respectively. Prior to FSA, Black females were, on average, sentenced to 66.10 months in prison; after FSA, the average sentence length for Black females was 50.27 months. The average sentence length for White females decreased by 17%, from 51.40 months to 42.51 months. The average sentence length for Hispanic females decreased by 15%, from 56.96 months to 48.19 months. The decrease in average sentence length across racial and ethnic groups may be due to the increase in the percentage of downward departures provided after FSA, which increased from 59% to 69%. There were racial and ethnic differences in downward departures across time periods (not shown, available upon request). Prior to FSA, 39% of Black females, 31% of Hispanic females, and 30% of White females received a downward departure. After FSA, 34% of Black females, 39% of Hispanic females, and 27% of White females received a downward departure. Majority of females were held prior to sentencing for both time periods. Regarding presentence detention, regardless of time period, majority of females were held prior to sentencing. Again, there were racial and ethnic differences across time periods as to which females were detained prior to sentencing. For both time periods, White females were least likely to be held prior to sentencing, followed by Black and Hispanic females, respectively.

Table 1.

Summary Statistics of Female Cocaine Cases Handled in Federal District Courts.

Measures	Full Model (N = 7190)		Pre-FSA Years (n = 4331)		Post-FSA Years (n = 2859)
Measures	Mean	n	Mean	n	Mean	n
Dependent variables
Presentence status	0.68		0.68		0.68
Detained (reference)		4876		2913		1963
Released		2314		1418		896
Downward departure	0.63		0.59		0.69
Yes (reference)		4519		2537		877
No		2671		1794		1982
Sentence length (in months)	54.60	7190	59.22	4331	47.61	2859
Key independent variables
Race/Ethnicity
Black	0.39	2271	0.41	1763	0.35	1008
Hispanic	0.36	2621	0.33	1432	0.42	1189
White (reference)	0.25	1798	0.26	1136	0.23	662
Drug mandatory minimum	0.76	5440	0.79	3429	0.70	935
Cocaine type	0.59		0.53		0.60
Crack cocaine		2966		2300		1924
Powder cocaine (reference)		4224		2031		935
Control variables
Age (in years)	33.31	7190	32.96	4331	33.83	2859
HS graduate or greater	0.57	4091	0.55	2363	0.60	1728
Criminal history	1.77	7190	1.81	4331	1.71	2859
Presumptive sentence (in months)	104.56	7190	110.14	4331	96.11	2859
Offense severity	24.97	7190	24.81	4331	23.95	2859
Case disposition	0.97	6974	0.97	4182	0.97	2792
Sentencing year
2005	0.12	854	0.20	854
2006	0.12	876	0.20	876
2007	0.12	891	0.21	891
2008	0.12	866	0.20	886
2009	0.11	829	0.19	824
2011	0.11	776			0.27	776
2012	0.10	721			0.25	721
2013	0.08	569			0.20	569
2014	0.07	492			0.17	492
2015	0.04	301			0.11	301

Regarding key independent variables of interest, there were more differences than similarities across time periods. Prior to FSA, the plurality of cases involved Black females; however, after FSA, the plurality of cases involved Hispanic females. Black and White females saw the greatest decrease in cases after FSA. The number of cases involving Black females decreased by 43% after passage of FSA, from 1763 cases to 1008 cases. The number of cases involving White females decreased by 42%, from 1136 cases to 662 cases. The number of cases involving Hispanic females decreased by 17%, from 1432 cases to 1189 cases. After FSA, the percentage of drug mandatory minimums decreased while the percentage of powder cocaine offenses increased.

Regarding control variables, females sentenced after FSA were slightly older than females sentenced before FSA. Across time periods, majority of the cases involved females with at least a HS diploma. Criminal history was similar across time periods; average pre-FSA and post-FSA criminal history values were 1.81 and 1.71, respectively. Offense severity was slightly higher before FSA; average pre-FSA and post-FSA offense severity values were 24.81 and 23.95, respectively. The mean presumptive sentence decreased by 13% after passage of FSA, from 110.14 months to 96.11 months. For both time periods, roughly 97% of females pled guilty to their offenses.

Presentence Detention

Table 2 presented logistic regression analyses to determine what factors influenced presentence status for the full sample and for each period individually. For these analyses, offense severity, in lieu of presumptive sentence, were included in the models. Prior research has shown that the likelihood of presentence detention is significantly influenced by both criminal history and offense severity (Reitler et al., 2013; Spohn, 2009). Regression analyses revealed that the FSA variable had no significant effect on presentence status; thus, the likelihood of being detained prior to sentencing did not differ by time period. In the full model, race had no significant impact on presentence status; however, there were ethnic differences in which females were more likely to be detained prior to sentencing. More specifically, Hispanic females were 78% more likely than white females to be detained prior to sentencing. Regarding drug-related factors, cocaine type only was found to significantly influence the likelihood of presentence detention, with females charged with powder cocaine offenses being 32% more likely to remain detained prior to sentencing. Three control variables were found to significantly affect the likelihood of presentence detention. Females with at least a HS diploma were less likely to be detained prior to sentencing. Both increases in criminal history and offense severity increased the odds of presentence detention by 44% and 5%, respectively.

Table 2.

Logistic Regression Models for Presentence Status in Federal Cocaine Offenses Involving Females.

Measures	Full Model			Pre-FSA Model			Post-FSA Model			Pre-FSA Versus Post-FSA
Measures	b	SE	Odds Ratio	b	SE	Odds Ratio	b	SE	Odds Ratio	z-score
FSA variable	0.08	0.10	1.08							NS
Key independent variables
Black	−0.32	0.18	0.72	−0.26	0.13	0.77*	−0.43	0.28	0.65	NS
Hispanic	0.58	0.22	1.78**	0.72	0.20	2.06***	0.41	0.28	1.50	NS
Drug mandatory minimum	0.12	0.10	1.12	0.72	0.12	1.27	−0.06	0.13	0.94	NS
Powder cocaine	0.28	0.14	1.32*	0.24	0.13	1.15	0.51	0.19	1.67**	NS
Control variables
Age	−0.00	0.00	1.00	−0.00	0.00	1.00	0.00	0.00	1.00	NS
HS graduate or greater	−0.46	0.06	0.63***	−0.45	0.08	0.63***	−0.47	0.10	0.63***	0.16
Criminal history	0.37	0.03	1.44***	0.35	0.03	1.42***	0.42	0.05	1.52***	−1.21
Offense severity	0.05	0.01	1.05***	0.04	0.01	1.05***	0.05	0.01	1.06***	0.71
Year 2006/2012				0.14	0.10	1.15	−0.00	0.14	1.00	NS
Year 2007/2013				0.33	0.10	1.39**	−0.02	0.14	0.98	NS
Year 2008/2014				−0.52	0.11	0.95	−0.06	0.14	0.94	NS
Year 2009/2015				0.04	0.12	1.04	−0.11	0.20	0.89	NS
Constant	−1.05	0.25	0.35***	−1.07	0.32	0.34**	−1.08	0.37	0.34**	0.05
−2 Log likelihood	8341.89			5041.72			3268.32
Pseudo R²	0.08			0.08			0.08
N/n	7190			4331			2859

Regarding analyses for each time individually, there were some significant differences. Both race and ethnicity significantly influenced presentence detention before FSA; however, there appears to be no significant racial and ethnic differences in presentence status for females after passage of FSA. Prior to FSA, Black females were less likely than White females to be detained while Hispanic females were more likely than White females to be detained. Drug mandatory minimum had no significant influence on presentence status for either time period. Cocaine type had no significant effect on presentence status before FSA; however, it did significantly influence presentence status after FSA. Females sentenced for powder cocaine offenses after FSA were about 67% more likely than those sentenced for crack cocaine offenses to be held prior to sentencing. This finding seemed to suggest that the perceptions of dangerousness associated with crack cocaine offenses has mitigated over time as more accurate information about crack cocaine sale and use has become more readily available to the public. Additionally, it can be reasoned that the opioid epidemic and its push toward drug use as a public health issue may have “soften” judges regarding crack cocaine cases (Testa & Lee, 2020). Across both time periods, three control variables were found to significantly influence the odds of being detained prior to sentencing. Education influenced presentence status for both time periods (females with at least a HS diploma were less likely to be detained prior to sentencing). Increases in criminal history and offense severity significantly increased the likelihood of detention prior to sentencing for both time periods; however, findings from z-score analyses seem to suggest that the effects of criminal history and offense severity score did not differ between time periods.

Likelihood of Downward Departure

Table 3 displayed the logistic regression analyses for receipt of a downward departure for the full sample and for each time period separately. Results revealed that FSA had a significant impact on receiving a downward departure, with the odds of receiving a downward departure being greater for females sentenced after FSA. Females sentenced after FSA were 63% more likely to receive a downward departure than females sentenced prior to FSA. Both race and ethnicity influenced receipt of a downward departure. Black and Hispanic females were 42% and 45%, respectively, less likely to receive a downward departure than White females. Neither the application of a drug mandatory minimum nor cocaine type significantly influenced receiving a downward departure.

Table 3.

Logistic Regression Models for Likelihood of a Downward Departure in Federal Cocaine Offenses Involving Females.

Measures	Full Model			Pre-FSA Model			Post-FSA Model			Pre-FSA Versus Post-FSA
Measures	b	SE	Odds Ratio	b	SE	Odds Ratio	b	SE	Odds Ratio	z-score
FSA variable	0.49	0.12	1.63***							NS
Key independent variables
Black	−0.54	0.22	0.58*	−0.45	0.20	0.63*	−0.83	0.34	0.44*	0.95
Hispanic	−0.60	0.24	0.55*	−0.41	0.24	0.66	−1.07	0.34	0.34**	NS
Drug mandatory minimum	0.20	0.11	1.22	0.36	0.14	1.43*	0.14	0.15	1.15	NS
Powder cocaine	0.24	0.16	1.27	0.15	0.15	1.16	0.40	0.23	1.49	NS
Control variables
Age	−0.01	0.00	0.99	−0.00	0.00	1.00	−0.01	0.01	0.99	NS
HS graduate or greater	0.11	0.06	1.11	0.15	0.08	1.16	−0.03	0.08	0.97	NS
Criminal history	0.06	0.03	1.05*	0.05	0.03	1.05	0.06	0.04	1.07	NS
Presumptive sentence	0.00	0.00	1.00**	0.00	0.00	1.00*	0.00	0.00	1.00	NS
Presentence status	−0.40	0.11	0.67***	−0.39	0.09	0.68***	−0.44	0.16	0.69***	0.28
Case disposition	0.85	0.15	2.33***	0.84	0.15	2.33***	0.87	0.31	2.40**	−0.09
Year 2006/2012				0.02	0.13	1.02	−0.00	0.10	1.00	NS
Year 2007/2013				0.05	0.15	1.05	0.25	0.17	1.28	NS
Year 2008/2014				0.03	0.16	1.38*	0.98	0.22	2.67***	NS
Year 2009/2015				0.50	0.15	1.65***	0.35	0.22	1.42	NS
Constant	−0.05	0.42	0.40	−0.45	0.44	0.64	0.67	0.58	1.96	NS
−2 Log likelihood	0.03			0.03
Pseudo R²	9181.55			5708.85
N/n	7190			4331

*p < .05; **p < .01; ***p < .001.

Note: “NS” indicates that coefficients were not significant for both time periods.

Increases in both criminal history scores and presumptive sentences increased the likelihood of receiving a downward departure. Presumptive sentences, measured in months, are based on both criminal history and offense severity scores provided in a case. Individuals with more extensive criminal histories and who have committed more severe offenses tend to receive longer presumptive sentences. As a result, federal U.S. attorneys may rely on downward departures as a tool to reduce sentences for females who may be facing severe punishment and who may have information on others to bargain for leniency in their own case (Lynch, 2016). Nutting (2014) noted that individuals expecting longer sentences tend to have a greater supply of information to provide prosecutors. Being detained prior to sentencing significantly reduced the odds of receiving a downward departure while pleading guilty significantly increased the odds of receiving a downward departure.

Results indicated significant effects of the key independent and control variables for both time periods. Race had a significant influence on the odds of receiving a downward departure for both time periods while ethnicity only had a significant influence on the odds of receiving a downward departure after FSA. For both time periods, Black females were less likely than White females to receive a downward departure; however, z-score analyses seem suggest that there were no racial differences between time periods (z = 0.95). After FSA, Hispanic females were 66% less likely than White females to receive a downward departure. The application of a drug mandatory minimum only influenced the odds of receiving a downward departure before FSA. The odds of receiving a downward departure were about 43% greater in cases where a drug mandatory minimum was applied. Cocaine type had no significant impact on receiving a downward departure for either time period.

Regarding control variables, age and educational attainment had no influence on receiving a downward departure for either time periods. Presumptive sentence was only significant before FSA; increases in presumptive sentences resulted in increased odds of receiving a downward departure. Being held prior to sentencing reduced odds of receiving a downward departure while pleading guilty increased odds of receiving a downward departure for both time periods.

Sentence Length

Table 4 displayed the OLS regression for the determination of sentence length for the full sample and for each time period individually. Results from the full sample revealed that average sentences decreased after FSA; specifically, females sentenced after FSA received a sentence that was roughly 5 months shorter than sentences received by females sentenced prior to FSA. Black and Hispanics females received average sentences that were about 6 months longer than averages sentences received by White females. The application of a drug mandatory minimum increased the average sentence length by roughly 27 months while being sentenced for powder cocaine reduced the average sentence length by 3 months.

Table 4.

OLS Regression Models for Sentence Length for Federal Cocaine Offenses Involving Females.

Measures	Full Model		Pre-FSA Model		Post-FSA Model		Pre-FSA Versus Post-FSA
Measures	b	SE	b	SE	b	SE	z-score
FSA variable	−4.65	1.33***					NS
Key independent variables
Black	5.78	1.96**	6.39	2.18***	4.55	2.57	NS
Hispanic	6.39	1.86***	6.80	2.26***	5.58	2.68*	0.35
Drug mandatory minimum	26.86	1.78***	28.83	2.64***	24.67	2.16***	1.21
Powder cocaine	−3.28	1.59*	−4.90	1.94*	−0.95	2.02	NS
Control variables
Age	0.34	0.05*	0.32	0.08***	0.37	0.06***	0.50
HS graduate or greater	1.24	0.68	1.50	1.00	0.91	1.23	NS
Criminal history	12.23	0.53***	13.45	0.60***	10.28	0.86***	3.02*
Presumptive sentence	0.02	0.00***	0.02	0.00***	0.02	0.00***	0.00
Presentence status	13.89	1.12***	12.06	1.51***	16.30	1.37***	−2.08*
Case disposition	−55.62	5.73***	−57.25	8.09***	−52.37	8.36***	−0.42
Downward departure	−27.04	2.22***	−28.01	2.29***	−25.66	2.72***	−0.66
Year 2006/2012			3.00	2.02	0.26	1.64	NS
Year 2007/2013			1.03	1.86	−3.13	1.93	NS
Year 2008/2014			1.61	1.60	1.59	2.93	NS
Year 2009/2015			0.08	2.00	0.71	3.28	NS
Constant	59.01	5.77***	58.29	8.11***	52.09	9.29***	0.50
R ²	0.44		0.44		0.44
N/n	7190		4331		2859

*p < .05; **p < .01; ***p < .001.

Note: “NS” indicates that the coefficients were not significant for both time periods.

Several control variables were also found to influence sentence length. Increases in age increased the average sentence length. Both increases in criminal history and presumptive sentence increased the average sentence length. Females who were held prior to sentencing received average sentences that were 14 months longer than average sentences received by females who were released. Pleading guilty and receiving a downward departure decreased average sentences.

Results also indicated significant similarities and differences in the effects of key independent variables on sentence length. The effect of race was only significant before FSA; Black females received sentences that were 6 months longer than sentences received by White females. Ethnicity significantly influenced sentence length for both time periods. Prior to FSA, Hispanic females received sentences that were about 7 months longer than sentences received by White females. After passage of FSA, Hispanic females received sentences that were about 6 months longer than sentences received by White females. Drug mandatory minimum significantly influenced sentence length for both time periods, increasing average sentences. Cocaine type only had a significant influence on sentence length for cases handled before FSA. Being sentenced for a powder cocaine decreased average sentence length by roughly 5 months.

Regarding control variables, several factors were significant across time periods. For both time periods, increases in age, criminal history score, and presumptive sentence increased average sentences for females. Z-score analyses seem to suggest that the effects of criminal history were greater before FSA (z = 3.02). Being detained prior to sentencing increased average sentences for both time periods, with z-scores suggesting that the effects of presentence status were greater after FSA (z = −2.08). Pleading guilty and receiving a downward departure reduced average sentences for females.

Discussion and Conclusion

To date, only one study has examined the effects of FSA on federal cocaine sentencing decisions (Bjerk, 2017); however, this study did not investigate whether the influence of individual and case characteristics on sentencing outcomes differed before and after passage of FSA. Therefore, the main goal of the current study was to fill the gap on FSA sentencing research by exploring the effects of the Fair Sentencing Act 2010 (FSA) on race, ethnicity, and drug-related factors on sentencing outcomes for females convicted of federal cocaine offenses. Drawing on the chivalry framework, it was expected that White females would receive more favorable treatment than Black and Hispanic females. Additionally, it was expected that differential treatment would be greater before passage of FSA. Data was drawn from USSC for federal crack and powder cocaine cases handled before and after FSA. Analyses proceeded in three ways. First, the study tested whether race and ethnicity impacted the likelihood of remaining in custody prior to sentencing (i.e., presentence status). Then, data were examined to investigate the effects of race and ethnicity on the odds of receiving a downward departure. Analyses concluded with an exploration of the influence of race and ethnicity on sentence length.

Several key findings emerged from the analyses. Results revealed that the total number of federal crack and powder cocaine cases involving females decreased after passage of FSA. The greatest decrease was in crack cocaine cases, which decreased by approximately 49%, from 2210 cases in the pre-FSA period to 1126 in the post-FSA period. This reduction can be attributed to the combination of both pre-FSA changes (i.e., the Booker decision) and passage of FSA. The decrease in the number of crack cocaine cases also resulted in a decrease in the number of crack cocaine cases involving Black females.

Regarding presentence status, FSA had no significant effect on the odds of being detained prior to sentencing; thus, Hypothesis 1a was not supported. However, Hypothesis 1b was partially supported; the effects of race and ethnicity mattered only before FSA. These findings seem to suggest that FSA has not influenced racial and ethnic disparity in presentence status. The effects of race were opposite of what was expected. Similar to findings by Freiburger and Hilinski (2010), Black females were less likely than White females to be held prior to sentencing. However, Hispanic females were more likely than White females to be held prior to sentencing. The greater odds of release for Black females seemed to suggest that judges may weigh practical constraints, such as familial responsibilities, when making presentence detention decisions. Another explanation may be that Black females may have possessed better financial resources to secure bail through employment. Sharp and colleagues (2000) revealed in their study that Black females incarcerated for drug offenses in Oklahoma were more likely than White females to be employed prior to their incarceration. Thus, employment may be viewed by judges as a tie to the community; thereby, increasing their reluctance to hold Black females prior to sentencing. As for ethnicity, the increased likelihood of detention for Hispanic females in comparison to White females may be attributed to both citizenship status and economic constraints. Research has shown that Hispanics with illegal resident statuses were more likely to be perceived as more dangerous and a flight risk (see Light et al., 2014); thus, judges may have been less reluctant to release Hispanic females who were in the United States illegally. Economic constraints may also play a role in the likelihood of Hispanic females remaining in custody prior to sentencing because they may not have similar financial resources that may be afforded to both Black and White females.

Regarding receipt of a downward departure, cases handled after FSA were more likely to result in a downward departure; thus, Hypothesis 2a was supported. This finding may be explained by the fact that the introduction of sentencing guidelines shifted the balance of power from prosecutors and judges, allowing for more prosecutorial discretion (Lynch, 2016). Due to the continued existence of a crack-powder cocaine quantity disparity (e.g., 18-to-1 ratio), prosecutors may use their discretion to apply a downward departure in crack cocaine cases where females have provided substantial information to the courts.

Regarding race and ethnicity, Hypothesis 2b was partially supported. The effects of race influenced the likelihood of receiving a downward departure for both time periods. Black females were less likely than White females to receive a downward departure. Although the effect size of race was greater after FSA; z-score analyses revealed there were no racial differences between time periods (z = 0.97). The decreased odds of Black females receiving a downward departure may have been tied to the fact that majority of their cases involved crack cocaine. Some prosecutors and judges may still hold stereotypical images of Black females involved in crack cocaine cases; thus, reducing the likelihood of a downward departure. Ethnicity only had a significant effect on receipt of a downward departure for federal cocaine cases handled after FSA, with Hispanic females being less likely than White females to receive a downward departure. These results seem to suggest that FSA may have exacerbated the effects of ethnicity on downward departures. The decreased odds of receiving a downward departure for Hispanic females may be explained by citizenship status. Again, Hispanic females may be viewed as more dangerous or a flight risk if they are in the United States illegally. Another explanation may be that Hispanic females may not have enough information to “trade” about others who may be involved in cocaine trafficking offenses to receive a downward departure.

Regarding sentence length, females sentenced after FSA received shorter sentences; thus, Hypothesis 3a was supported. Descriptive analyses revealed that the average sentence length for cocaine offenses decreased by roughly 11 months after FSA. However, Hypothesis 3b was partially supported. The effects of race only influence sentence length before FSA, with results revealing that Black females received longer sentences than White females. The insignificance of race after FSA seems to suggest that increased discretion has not exacerbated racial disparity in sentencing for cocaine cases involving females. Harsher sentences for Black females prior to FSA may be explained by both the stereotypes and negative portrayals of Black females during the “crack cocaine epidemic” and the reduced likelihood of presentence detention. Judges may view Black females as blameworthy for the continued issues associated with crack cocaine. Furthermore, since White females were more likely than Black females to remain in custody prior to sentencing, they may receive credit for time served. The effects of ethnicity influenced sentence length for both time periods, with Hispanic females receiving longer sentences than white females. However, z-score analyses revealed that there were no ethnic differences between time periods (z = 0.35). Prior research has shown that citizenship status played a significant role in sentence severity. Additionally, Sentence severity for Hispanic females may be attributed to negative portrayals of them as dangerous and raising gang members; thus, judges may have perceived them as more blameworthy in contributing to the “drug problem” in the United States (Albonetti, 1997; Brennan, 2006; Crow & Kunselman, 2009; Iles & Adegun, 2018). Finally, judges may view Hispanic females who were in the country legally and participating in illegal drug activity as abusing their “privilege” of being in the United States (Lynch, 2016).

Despite the current study contributing to understanding the effects of FSA and female sentencing research, there are some limitations that should be addressed. First, the study did not account for other important legislation that impacted cocaine sentencing before FSA. This proved to be difficult for two reasons. First, some court decisions and policy changes occurred close in time; for example, in May 2007, USSC reduced guideline penalties for crack cocaine, and in December 2007, Kimbrough v. United States (2007) provided judges with discretionary power to sentence crack cocaine cases below sentencing guidelines. Additionally, it takes time for policies to be fully implemented; therefore, this lag time could potentially make it difficult to assess the full effects of FSA or other legislation. Although the study does examine the effects of race and ethnicity on presentence status, receipt of a downward departure, and sentence length, it does not explore the effects of race and ethnicity on earlier stages of the criminal justice system (i.e., arrest and charging). More research is needed to explore racial and ethnic disparity that may be present from arrest to sentencing (see Bushway & Forst, 2013). A third limitation of the current study was that none of the regression analyses account for the role of citizenship status. Results revealed that ethnicity significantly influences sentencing outcomes; therefore, it is important for future research to examine how citizenship status influenced federal cocaine sentencing among females. A final limitation of the current study was that it did not provide analyses for differences by cocaine type before and after FSA. It can be expected that race may play a greater role in crack cocaine offenses while ethnicity may play a more significant role in powder cocaine offenses. Future research should explore racial and ethnic differences for females sentenced before and after FSA, with cases separated by cocaine type. Additionally, findings from analyses revealed that the likelihood of receiving a downward departure increased after FSA, which may be attributed to the 18-to1 crack-powder cocaine quantity ratio. Therefore, future research should explore whether FSA increased the likelihood of receiving a downward departure for crack cocaine cases in comparison to powder cocaine cases.

In sum, female incarceration rates experienced a greater increase than male incarceration rates (Bush-Baskette, 2010). This greater increase can be explained by the drug laws of the late 1980s that targeted individuals regardless of gender. Contemporary legislation has been enacted as a means to rectify drug laws that have disadvantaged people of color. The results of this study indicated that both the number of crack cocaine cases and average sentence length for cocaine offenses involving females decreased after FSA; however, race and ethnicity has continued to influence sentencing decisions for females convicted of cocaine offenses. Results revealed support for the chivalry framework; although Black females seemingly received preferential treatment at the detention stage in comparison to White and Hispanic females, both Black and Hispanic females were less likely to receive a downward departure and received longer sentences than their White counterparts.

Footnotes

Declaration of conflicting interests

The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.

Funding

The author(s) received no financial support for the research, authorship, and/or publication of this article.

ORCID iD

Makeela J. Wells

Note

Author Biography

Makeela J. Wells is an assistant professor in the Department of Sociology, Anthropology, & Social Work at Auburn University. Her current research focuses on issues related to corrections, sentencing, and criminal justice policy. Her research has appeared in Criminal Justice Policy Review and the Journal of Criminal Justice Education.

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