1.

Introduction
a. Research question: How does conflict theory seek to understand the American
practice of differential sentencing along racial lines in drug related crimes?
i. Thesis:
2. Current State of/ Controversies around Differential Sentencing
a. Pre- War on Drugs American Practices of Drug Crime Sentencing
(Drugpolicy.org)
i. Pre-1970s drug laws targeted and disproportionately targeted Asians for
opium use, African Americans for cocaine use, and Mexicans for
marijuana use
b. The War on Drugs to Today
i. Following the popular drug use (marijuana, LSD, acid, etc.) of the 1960s
and its simultaneity with civil disobedience, Richard Nixon declared a
War on drugs, enlarging drug-enforcement agencies and creating harsh
punishment for drug use and trafficking, even for marijuana to target
minorities (both racially and socially/ideologically as hippies) and
dissuade further sociopolitical movements
ii. The 1980s crack epidemic incited another period of enacting harsher
sentencing under Ronald Reagan, and created dramatic change to public
attitudes and the issue of drug use (while global politics and economics
shadowed the federal governments role in this during CONTRA).
Combined with growing public vilifying of the poor by political leaders
(like the false stereotype of the welfare mom), illicit drug use became
increasingly identified with the poor and people of color, effectively
erasing White, wealthy drug use. This reflected by national statistics that
show illicit drug use rates are generally the same across races, but African
American men generally receive sentences 42% longer than White
offenders. Black youths are 18 times more likes than Whites to be charged
with possession, and 100 times more likely to be charges with selling.
These charges are highly subjective (Torney and Hatlestad 1997, 305)
because police officers use their discretion to label a person a seller or user
based on extralegal attributes, like housing status, family etc.
iii. 1992 marked the beginning of a popular but seemingly dying trend of
political leaders, like Bill Clinton, agreeing with shifts in popular
acceptance of marijuana use and favor for fairer drug sentencing laws, but
rejection of proposed legislative changes. In 2010 legal changes began to
occur, most importantly Congress changing the 100-to-1 disparity between
crack and powder cocaine sentencing rate, which disproportionately
incarcerated Black male youth (NY Times, 2014). Further proposals are
discussing retroactive sentence reductions, reducing mandatory minimum
sentencing, and legalizing marijuana use (US Sentencing Commission,
2014). It appears racial and ethnic disparities in sentencing and
incarcerated population rates have reached a critical point of public
awareness and public disapproval.
3. Conflict-theory Contributions to Understanding this Social Phenomenon
a. (Quinney, 1970 and 1974)
b. Social Construction the Drug Problem (Reasons, 1974)
i. Public attitudes and policy reflect socially constructed determinations of
illicitness prescribed to some drugs, rarely based on pharmacological
grounds (ie more deaths from uses of prescription pain killers, alcohol and
cigarettes than marijuana or cocaine) (385).
ii. Drug policies and criminalizing users was an attempt to reiterate social
hierarchy, representing White morality and purity as above that of drug-
using minorities, and at risk of infectious drug consumption trends. These
drug laws, however, make sure in their rhetoric to legalize White
consumption through the characterization of some forms as medicinal,
leaving manufacturers and Whites unhampered morally and financially
(392). To keep doctors from being criminalized for their role in drug
abuse, by 1922 the drug addict became vilified as a criminal deviant
instead of a sick citizen (396-397). It became increasingly easier to
identify drug use and criminality with racial minorities.
c. Studies to Explain the Process of Differential Sentencing
i. Hagans (1975) study covers all three theories and the studies supporting
their perspectives on differential sentencing generally.
1. Conflict theorys perspective that institutions and procedures are
constructed to maintain hierarchy is supported in the popular
practice of judges asking for and following probation and arresting
officer sentencing recommendation, prejudicing their final
sentence decision and extending officers involvement in legal
proceedings, rewarding their work with added privileges without
experiential or education-based criteria for their contribution,
having no profound knowledge of the law (626). Later studies
support this, statistically finding little change or external factors
influencing the final decision from the initial recommendation.
2. Hagan also claims that probation officers historical ties to social
work (originally church mission work in rehabilitation), as well as
the boundaries of their job contribute to their increased
consideration of extralegal attributes, like race. Sentencing
recommendations allow them to overstep their role boundaries and
color the legal proceedings in ways that are inappropriate for
pursuing the ideal of legal equality, but effective at social control
and discrimination for maintained social organization (630).
ii. This study is considered a foundational piece in discussing conflict
theorys perspective on inequality in the American Criminal Justice
system. The major debate among sociologists is proving whether or not
race alone is a significant factor in explaining sentencing trends, which
Unnever et al. (1980) suggests it is and statistical models have failed to
control for confounding variables, like class, age, employment status, etc.
To explain this, the authors point to other theories about the
criminalization process that secures harsher sentencing on a racial basis
from the onset, and is ultimately confirmed through the process than
amplified. This is important for creating a statistical model to tract this
sociological practice over time accurately.
4. Conflict-theory Recommendations toward Solving this Social Problem and Comparisons
to Other Drug-crime Policies Outside of the US
a. Hagan (1975, 365) recommends disallowing judge from accepting sentencing
recommendations
b. Current Popular Movements toward Reform
i. Changing Mandatory Minimum Sentencing and Three-Strikes Laws
ii. Backtracking the Sentencing Reform Act of 1984 to undermine
colorblind aspect of the law that, combined with still intact
discriminatory practices like racial profiling, contribute to disproportionate
harsher sentencing and little room for leniency among minority convicts
iii. Changing federal sentencing guidelines for cocaine and crack drug crimes,
and ending the War on Drugs
5. Conclusion