Cracking the racial disparity for cocaine sentencing. The us house of representatives approved a bill, sb 1789 on july 28. Some 2020 democratic candidate argue that the sentencing disparity between crack cocaine and powder cocaine, which now sits at 18to1. These disparities were enacted into law through the antidrug abuse act of 1986 as part of a wave of raciallytinged media hysteria. Why are crack cocaine sentences longer than those for.
Data show racial disparity in crack sentencing us news. It recommends that congress alter the 100to1 crack to powder ratio, but, in the meantime, proposes a reduction in the sentencing guideline range for cocaine offenses. 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. 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. Sentencing commission to eliminate the disparities in federal sentencing for crack cocaine and powder cocaine offenses. To be hit with the same charge, powder cocaine users needed to be caught with 500 grams. 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. Senator mitchells bill will correct the groundless disparity in sentencing, probation and asset forfeiture guidelines for possession of crack cocaine for sale versus the same crime involving powder cocaine that has. An end to crackpowder cocaine sentencing disparity. Both would end the disparity between powder and crack cocaine sentences. Crack and cocaine powder sentencing disparities essay sample. Some 2020 democratic candidate argue that the sentencing disparity between crack cocaine and powder cocaine, which now sits at 18 to 1, should be eliminated entirely. In the mid 80s, congress passed the antidrug abuse act of 1986.
Drug scheduling and criminal disparities between crack and powder cocaine. For example, possession of just 5 grams of crack cocaine about a thimble full triggers a five year mandatory minimum sentence. Crack and cocaine powder sentencing disparities essay. In a statement in the congressional record, breaux said he was honestly shocked to learn of the sentencing disparity between crack and powder cocaine.
Senator holly mitchell introduces fair sentencing act to. Much of the discrepancy at the federal level is the result of differences in the federal sentencing of drug offenses involving crack and powder cocaine. Regardless of changes in the federal law, a charge of crack or powder cocaine is a very serious charge. Crack cocaine disparity, the fair sentencing act 2010.
Specifically, the penalty for possessing 500g of powder cocaine was comparable to possessing only 5g of crack. 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. 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. Under the current law, crack users possessing only 5 grams of the drug are charged with a felony to get the same charge, powder cocaine users have to be caught with 500 grams. It eliminates the disparity in federal sentencing for crack versus powder cocaine offenses, without a shift in the current powder cocaine penalty. Basically, for sentencing purposes in the federal system, the relevant statute 21 u. Support fair and rational sentencing by eliminating the.
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. Fair sentencing act american civil liberties union. The senate crime and drugs subcommittee will hold a hearing to discuss crack cocaine sentencing. Download 32page term paper on sentencing disparities between crack cocaine vs. Congress is considering a bill to change drug laws that punish crack cocaine violations more severely than those for powder cocaine. Prior to the enactment of the fsa, it took 100 times as much powder cocaine as crack cocaine to receive the same five, 10, or 20year mandatory minimum prison term. The demographic profile of cocaine offenders must be further examined to analyze any disparity in sentencing. Disparity in sentencing for crack vs powder cocaine.
Similarly, those carrying ten grams of crack cocaine faced a. The commission found that the violence associated with crack cocaine is primarily related to the drug trade and not to the effects of the drug itself, and that both powder and crack cocaine. Today states maintain sentencing disparities between crack and powder cocaine offenses. In 2010, congress passed the fair sentencing act fsa, which reduced the sentencing disparity between offenses for crack and powder cocaine from 100.
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. In 1995 the commission concluded that the violence associated with. 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. Under the old sentencing guidelines, the penalty for possessing a gram of crack cocaine was the same as that for possessing 100 grams or about 312 ounces of powder cocaine, with a corresponding. The public, and members of congress, believed that crack was more addictive and dangerous to the public due to the fast, intense high that smoking it gives. In 2010 congress passed the fair sentencing act, which repealed the mandatory minimum sentence for simple possession and reduced the sentencing disparity from 100. Until 2010, this sentencing disparity was 100 to 1, which means that while just 5 grams of crack would carry a 5year mandatory minimum.
The punishment difference between crack cocaine and powder cocaine exposes an unjust feature in the american justice system, a system that was built to be the epitome of justice. These include legislation introduced in congress and a series of hearings resulting in recommendations by the united states sentencing. Sacramento, ca senator holly mitchell dlos angeles introduced senate bill 1010 to equalize the penalties for crack cocaine to the current penalties for powder cocaine. 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. This disparity between crack and powder cocaine was driven by fear, instead of by research, of the intensity and perceived dangers of crack. For more information on federal laws on cocaine possession, see cocaine. Powder cocaine is much more expensive than crack cocaine.
Sentencing commissions latest report to congress on cocaine sentencing can be found at the commissions website, under report to congress federal cocaine sentencing policy. In missouri, where a defendant convicted of selling. Sentencing commission statistics show that 29 percent of all crack cases from october 1, 2008, through september 30,2009, involved a weapon, compared to 16 percent for powder cocaine. Powder cocaine is a white powdery substance that is abused by snorting, or by dissolving in water and injecting into a vein. Now, the ten year sentence is triggered by 280 grams of crack instead of 50. Participants focused on the disparity in crack cocaine sentences to powder cocaine sentences, and ways to change the 100 to 1 ratio. Crack cocaine sentencing policy prison policy initiative. October 08, 20 criminal law and criminology 4 comments 3 min read.
The dea states that both drugs have a high abuse potential that can lead to severe psychological or physical dependence. Federal crack cocaine sentencing the sentencing project. The legislation also eliminates the mandatory minimum for simple possession of crack cocaine. How an early biden crime bill created the sentencing. The answer to the problem presented by this wide difference in penalties is not to lower penalties for selling crack cocaine but to increase the penalties for selling powder cocaine, the. Crackpowder disparity testimony of wade henderson the. This disparity between crack and powder cocaine was driven by fear, instead of by research, of the intensity and perceived dangers of crack cocaine. An assessment of the cocaine sentencing debate that explores the racial. The sentencing disparities between crack and cocaine attn. Famm supported that reform, the fair sentencing act fsa. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a.
The 1986 law created a 100 to 1 disparity between the sentencing guidelines for crack and powder cocaine. This 100to1 disparity has frequently been cited by drug war opponents as exhibit a to. Both crack and powder cocaine are considered to be schedule ii by the drug enforcement administration dea. 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. To be charged with a felony, crack users needed to possess only 5 grams of the drug. The difference between powder cocaine and crack cocaine. C 841 treats one gram of crack cocaine as equivalent to 100 grams of powder cocaine. The fsa changed this socalled 100toone disparity to a disparity of 18toone. The 100to1 crack cocaine to powder cocaine quantity ratio is a primary cause of the growing disparity between sentences for black and white federal defendants, the commission wrote. Clinton signs bill to disapprove of equalizing crack. Regrettably, the majority opted instead to perpetuate these discriminatory laws by passing and reporting out h. The fair sentencing act 2010 reduced sentencing disparities to 18. Crack cocaine sentences have long been much more harsh than those for powder cocaine.
Since the law went into effect, the ratio dropped to 18to1. 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. We wrote this paper to inform the public and congress about the disparities in the sentencing laws between crack and powder cocaine, which. Before this law was passed, the united states had a 100to1 crack to powder cocaine sentencing disparity. Congress acts to reduce disparity drug war chronicle. The commission reported in 2004 that revising the crack cocaine thresholds would better reduce the sentencing gap than any other single policy change, and it would dramatically improve the fairness of the federal sentencing. Similarly, those carrying ten grams of crack cocaine. An examination of risk for arrest and socioeconomic disparities in use publication authors palamar, joseph j. The figures for the 6,020 powder cocaine cases are far less skewed. The disparity started in the 1980s, when crack cocaine started to ravish urban black communities in america. The slowest onset of cocaine s effects occurs when it is. A 2010 federal law rectified some, though not all, of the sentencing disparities. Africanamericans now serve virtually as much time in prison for a drug offense 58.
In 2010, president obama signed the fair sentencing act, which reduced the federal penalty ratios from 100. The amount of powder cocaine necessary to trigger the sentence is still five kilos. It is produced by combining coca paste and hydrochloric acid. Now that disparity is being reduced from 100to1 to 18to1. Cracked justice updated 32411 2 sentencing project. The federal government sought to crack down on the problem by implementing severe prison sentences for those people caught dealing crack cocaine. Crackpowder sentencing disparity reduced by congress. Panelists examined some of the consequences of the crack cocaine. 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. The sentencing disparity between these two drug offenses is.
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