S house of representatives passed legislation to reduce the sentencing disparity between federal crack and powder. The amount of powder cocaine necessary to trigger the sentence is still five kilos. Crack cocaine became prevalent in the mid1980s and received massive media attention due in part to its exponential growth in the drug market. Feb 22, 2015 we wrote this paper to inform the public and congress about the disparities in the sentencing laws between crack and powder cocaine, which continue to have profound legal and social. We work to eliminate policies that result in the unfair criminalization of communities of color by rolling back harsh mandatory minimum sentences and by addressing on the rampant overpolicing.
Crack and cocaine powder sentencing disparities essay sample. Such is to say that the approach to sentencing in the united states is not itself. Until 2010, this sentencing disparity was 100 to 1, which means that while just 5 grams of crack would carry a 5year mandatory minimum. Obama needs to fix the crack cocaine sentencing gap. The explosive popularity of crack cocaine was associated with its cheap price, which for the first time made cocaine available to a wider economic class.
Crack cocaine sentencing policy prison policy initiative. Law and order bernies solution on crackcocaine sentencing. Data show racial disparity in crack sentencing congress passed the fair sentencing act to make punishments for crack and cocaine more equal. Crack powder sentencing disparity reduced by congress. Reform the crack powder cocaine mandatory minimum sentences to reflect a ratio of 1to1, rather than 18to1. After president obama signed off on new legislation to reduce the sentencing disparity between people caught with crack cocaine and those caught with powder cocaine, the minnesota democrat spoke to huffpost about what it all means. Since the law went into effect, the ratio dropped to 18to1. Sentencing commission calling for congress to change the crack cocaine. The house of representatives passed a bill on wednesday that would reduce the disparities between mandatory federal sentences for crack and powder cocaine.
In 2010 congress passed the fair sentencing act, which repealed the mandatory minimum sentence for simple possession and reduced the sentencing disparity from 100. The new form of cocaine was called crack, and by the summer of 1986 it was fueling fears of a drug epidemic. Keith ellison spent 16 years as a trial lawyer dealing with hundreds of cases involving cocaine arrests. Unjustified and unreasonable overview crack cocaine became prevalent in the mid1980s and received massive media attention due in part to the death of college basketball star len bias subsequently found to have used powder cocaine on the night of his death and not crack. Crack cocaine first hit the national radar in 1986 but, contrary to media reports, it was not a new drug. The bill does not eliminate the disparity, but dramatically reduces it. For instance, there are federal guidelines ensuring that people who get caught with crack are sentenced more harshly than those who are caught with powder cocaine. Crackpowder sentencing disparity reduced by congress. Feb 19, 2015 specifically, the penalty for possessing 500g of powder cocaine was comparable to possessing only 5g of crack. Congress addressed a historic wrong on wednesday afternoon, replacing it instead with a slightly lesser wrong, when the house voted to reduce the disparity in the sentencing of people caught with crack cocaine versus powder cocaine. This report addresses disparities in cocaine sentencing in states and documents efforts at the federal and state level to correct these injustices.
Cracking the racial disparity for cocaine sentencing center. Federal crack cocaine sentencing the sentencing project. In the 1980s, crack use created an epidemic that affected thousands of people in poor urban communities in the united states. In the mid 80s, congress passed the antidrug abuse act of 1986. The 1986 law created a 100 to 1 disparity between the sentencing guidelines for crack and powder cocaine. The ussc subsequently recommended rectifying the unfounded sentencing disparity between the two types. After cocaine and baking soda are combined, the mixture is boiled, and a solid forms. The sentencing project cracked justice crack cocaine. Congress passed the fair sentencing act to make punishments for crack and cocaine more equal. Powder cocaine use is more evenly spread among ethnic backgrounds, and more white americans have tried powder cocaine than black americans. One would think, based on the sentencing laws, that crack cocaine is a very different drug than powder cocaineand much worse. Crack, which is derived from powdered cocaine, is a rocklike form of cocaine that can be smoked to achieve a high. Powder and crack cocaine differ in appearance, side effects, duration of effects, demographics and incarceration rates.
Crack cocaine and powder cocaine are the same drug, simply sold in different forms. Crack users are at higher risk of arrest and tend to be of lower socioeconomic status compared to powder cocaine users. Race and class penalties in crack cocaine sentencing by michael coyle overview after a decade of contentious debate regarding the federal sentencing disparities between crack cocaine and powder cocaine, a number of significant initiatives to reform current policy. Congress acts to reduce disparity drug war chronicle. A debate was raging at the time about the crack powder cocaine sentencing disparities black people were more often arrested on crack charges, for which the sentencing guidelines were much harsher. Sentencing commission regarding the powder crack cocaine sentencing disparity and reconsider proposals to amend the law. In 1995 the commission concluded that the violence associated with. Mar 31, 2020 sentencing disparities between crack cocaine vs.
The legislation also eliminates the mandatory minimum for simple possession of crack cocaine. Such a change would permit judges to consider the full range of sentencing criteria in all crack cocaine cases, rather than in just the relatively modest number of cases permissible under the current sentencing structure. Disparity in sentencing for crack vs powder cocaine. So, the federal law still imposes a different and harsher sentence for crack cocaine possession than it does for powder cocaine possession, but the disparity is not nearly as great as under the 1986 act. The sentencing disparities between crack and cocaine attn. Sentencing commission recommended that crack cocaine sentencing is no more than 20 to 1, but acknowledged that congress needed to intervene. Data show racial disparity in crack sentencing us news. A 2010 federal law rectified some, though not all, of the sentencing disparities. Obama commutes 8 crack cocaine sentences usa today. Jul 30, 2010 obama expected to ease crack cocaine sentencing disparities thursday, the u. Today, states maintain sentencing disparities between crack and powder cocaine offenses. Seeking rehab for cocaine or crack addiction is an important step toward achieving sobriety. Until 2010, this sentencing disparity was 100 to 1, which means that while just 5 grams of crack would carry a 5year mandatory minimum, it would take 500 grams of cocaine to trigger the same 5year sentence.
Sentencing commission had recommended to congress that it eliminate the disparity pdf. Aug 03, 2010 data show racial disparity in crack sentencing congress passed the fair sentencing act to make punishments for crack and cocaine more equal. Disparity, discrimination, and adverse impacts fair sentencing is individualized sentencing. After a decade of contentious debate regarding the federal sentencing disparities between crack cocaine and powder cocaine, a number of significant initiatives to reform current. Therefore, the danger associated with crack cocaine versus powder cocaine instead relates to the trade of the drug, not the drug itself. The us house of representatives approved a bill, sb 1789 on july 28. We would like to see the crack versus cocaine sentencing disparity eliminated and applied retroactively. The fair sentencing act 2010 reduced sentencing disparities to 18. For more information on federal laws on cocaine possession, see cocaine. Now, the ten year sentence is triggered by 280 grams of crack instead of 50. Congress moves to narrow sentencing disparities for crack. Senator dick durbin, the sentencing disparity between crack and powder cocaine has contributed to the imprisonment of african americans at six times the rate of whites and to the united states position as the worlds leader in incarcerations. Whereas, proposals to remove the federal mandatory minimums for crack and powder cocaine, and to otherwise eliminate the disparity for crack and powder cocaine by sentencing crack in the same manner that powder cocaine is currently sentenced, would threaten efforts to investigate and prosecute significant and violent drug offenders that deal.
Unwarranted disparity is defined as different treatment of individual offenders who are similar in relevant ways, or similar treatment of individual. Because crack and powder cocaine are two forms of the same drug, there should not be any disparity in sentencing between crack and powder cocaine offenses the only truly fair ratio is 1. Racial, ethnic, and gender disparities in federal sentencing today a. Download 32page term paper on sentencing disparities between crack cocaine vs. Crack cocaine disparity, the fair sentencing act 2010. American drug laws make it pretty clear that our legal system thinks crack is extra whack. Written statement submitted by carol chodroff, us advocacy director, to the house judiciary committee, subcommittee on crime. Some 2020 democratic candidate argue that the sentencing disparity between crack cocaine and powder cocaine, which now sits at 18to1, should be eliminated entirely. This is often what people are referring to when they mention drug related sentencing disparities. The drug policy alliance is committed to exposing discrimination and disproportionate drug law enforcement, as well as the systems that perpetuate them. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a. We wrote this paper to inform the public and congress about the disparities in the sentencing laws between crack and powder cocaine, which continue to have profound legal and social. Jan 29, 2019 crack and power cocaine sentencing disparities.
People of color experience discrimination at every stage of the criminal justice system. Crack and cocaine powder sentencing disparities essay example. The united states sentencing commission, the bipartisan body that sets guidelines for federal prison sentences, urged congress to eliminate the sentencing disparity more than a decade ago. Cocaine is derived from the coca plant, which is indigenous to south america. Sentencing disparities between crack cocaine 2005, february 21 retrieved april 8, 2020, from. Cocaine is a hydrochloride salt in its powdered form, while crack cocaine is derived from powdered cocaine by combining it with water and another substance, usually baking soda sodium bicarbonate. Recommendations to address state crack and powder sentencing disparities include. It eliminates the disparity in federal sentencing for crack versus powder cocaine offenses, without a shift in the current powder cocaine penalty. Crack is cheaper, so its found in low income communities more than pure powder cocaine. Despite these differences, both drugs can have devastating effects on a persons health.
Additionally, commissioners voted on provisions of the fair sentencing act, which recently reduced the disparities in penalties between powder and crack cocaine, for some prisoners already serving. There have been numerous efforts in congress to make the fair sentencing act retroactive and to eliminate the 18to1 disparity. Support fair and rational sentencing by eliminating the. The fsa reduced the 100toone disparity to 18toone, and abolished the 5year mandatory minimum for simple possession of crack cocaine. Cracking the racial disparity for cocaine sentencing. Before 1986, federal sentencing laws treated possession of crack and powder cocaine the same. The fair sentencing act amends existing laws by increasing the amounts of crack that trigger these penalties, from five grams to 28 grams for fiveyear minimum sentences and from 50 grams to 280 grams for tenyear minimum sentences. Dec 19, 20 president cites sentencing disparities between crack and powder cocaine new legislation has reduced sentencing disparities previously%2c obama had commuted only one sentence in the five years of. Obama expected to ease crackcocaine sentencing disparities. Jul 29, 20 the disparity between crack and powder cocaine sentencing has been the most notorious example of profound racial bias baked into our superficially neutral criminal laws. Decades of research has determined that crack cocaine and powder cocaine are both harmful drugs, but have similar effects on the body and brain. The drug war has produced profoundly unequal outcomes across racial groups, manifested through racial discrimination by law enforcement and disproportionate drug war misery suffered by communities of color. Sentencing disparity preventing sentence disparity ultimately, sentencing disparity is rooted in a combination of how laws are authored and how they are enforced.
Specifically, the penalty for possessing 500g of powder cocaine was comparable to possessing only 5g of crack. This bill was a compromise that, although it did not fully correct the injustices of the harsh, arbitrary federal sentencing of crack cocaine, it was a significant step in the right direction. In 2008, willie mays aikens made headlines when a federal judge reduced his lengthy prison term to 14 years as a result of the u. Before this law was passed, the united states had a 100to1 crack topowder cocaine sentencing disparity. President barack obama on august 3, 2010 that reduced the disparity between the amount of crack cocaine and powder cocaine needed to trigger certain federal criminal penalties from a 100. May 25, 2011 congress addressed a historic wrong on wednesday afternoon, replacing it instead with a slightly lesser wrong, when the house voted to reduce the disparity in the sentencing of people caught with crack cocaine versus powder cocaine. Assistant majority leader dick durbin dil introduced the fair sentencing act of 2009, a narrowlytailored bill that would eliminate the sentencing disparity between crack and powder cocaine and increase penalties for the worst offenders. How an early biden crime bill created the sentencing.
It also brings crack sentencing in line with powder cocaine, as well as with all other drugs, by applying mandatory minimums only to dealers and not those convicted of simple possession. The new law significantly reduces the cocaine sentencing quantity disparity from 100 to 1 to 18 to 1 by raising the quantity of crack cocaine necessary to trigger the five and tenyear mandatory minimum sentences first set in 1986. Regardless of changes in the federal law, a charge of crack or powder cocaine. Some 2020 democratic candidate argue that the sentencing disparity between crack cocaine and powder cocaine, which now sits at 18to1. For sentencing purposes, the 1980s federal laws treat as little as 5 grams of crack roughly the weight of two sugar cubes the same as 500 grams of powder cocaine. Sentencing disparity primary sources topics in criminal. Powder cocaine after a decade of contentious debate regarding the federal sentencing disparities between crack cocaine and powder cocaine, a number of significant initiatives to reform current policy have recently emerged. That resulted in a disparity with powder of about 18 to 1.
At the time, possession of crack cocaine resulted in penalties 100 times higher than possession of an equal amount of the powdered form. Eliminating crack and powder cocaine sentencing disparities. Despite the fact that the chemical structure of powder cocaine and crack cocaine is nearly identical, the punishment for crack possession or sales is far greater than that of cocaine. Under the 2010 law, the amount of crack that triggers the fiveyear minimum is 28 grams of crack or 500 grams of powder, and, for the tenyear minimum, 280 grams of crack and 5,000 of powder. How an early biden crime bill created the sentencing disparity for. Crackpowder sentencing disparity reduced by congress huffpost. Decades of research has determined that crack cocaine and powder cocaine are both harmful drugs. The 1986 anti drug abuse act mandated a minimum sentence of five years without parole for possession of 5 grams of crack cocaine while it mandated the same penalty for possession of 500 grams of powder cocaine a 100 to 1 disparity. The us sentencing commission provided this analogy in 1997 to support equalizing penalties for crack and powder cocaine. This guide highlights the incredible breadth, depth and reliability of government information on this topic. Under what is commonly referred to as the 100to1 cocaine sentencing disparity, it takes one hundred times as much powder cocaine as crack cocaine to trigger the federal mandatory minimums. There are notable racial and ethnic disparities in cocaine use with whites more likely to report lifetime cocaine use i.
The fair sentencing act of 2010 was an act of congress that was signed into federal law by u. Eliminate the crack versus cocaine sentencing disparity. Download page term paper on disparity in sentencing for crack vs. Jul 28, 2019 how an early biden crime bill created the sentencing disparity for crack and cocaine trafficking. Sentencing commissions adjustment to the crack cocaine sentencing guidelines. We wrote this paper to inform the public and congress about the disparities in the sentencing laws between crack and powder cocaine, which. Congress is considering a bill to change drug laws that punish crack cocaine violations more severely than those for powder cocaine. Similarly, those carrying ten grams of crack cocaine faced a. The usscs crack guideline amendment is made retroactive, reducing sentences.
Support for reducing the disparity with powder cocaine offenders increased with reports beginning in 2002 by the u. How an early biden crime bill created the sentencing disparity for crack and cocaine trafficking sens. The drug causes short but intense euphoric effects. Fair sentencing act american civil liberties union. Crack and cocaine powder sentencing disparities essay. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a minimum 5year federal prisonsentence, while distribution of 500 grams of powder cocaine carries the same 5year mandatory minimum sentence. At the time, it was assumed that crack cocaine was more dangerous.
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