Sentencing reform measures passed by around half the states in the past decade, which have resulted in an absolute decline in state prison. Now, the ten year sentence is triggered by 280 grams of crack instead of 50. For example, the possession of 2 ounces of crack cocaine carried a 10 year mandatory minimum jail sentence compared to 179 ounces of powder cocaine for the same penalty. How an early biden crime bill created the sentencing. Studies conducted from the 1930s through the 1960s generally concluded that racial disparities in sentencing reflected. These racial disparities profoundly undermine trust in our criminal justice system and have a. Democratic candidate argue that the sentencing disparity between crack cocaine and powder cocaine. The sentencing disparity for dealing crack and powder cocaine was 100 to 1. In 2010 congress passed the fair sentencing act, which repealed the mandatory minimum sentence for simple possession and reduced the sentencing disparity from 100. What is the chemical difference between crack cocaine and powder cocaine that. Following the adoption of the federal antidrug abuse act of 1986, fourteen states implemented sentencing disparities between crack and powder cocaine in their criminal codes. Amidst public concern over the dangers of crack cocaine and soon after the. This legislation reduces the sentencing disparity between crack and powder cocaine and increases criminal penalties for serious drug offenders. The ussc subsequently recommended rectifying the unfounded sentencing disparity between the two types.
Crack and cocaine powder sentencing disparities essay sample. Obama administration tells congress to end crackpowder cocaine disparity. 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 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. In 1995 the commission concluded that the violence associated with. Sacramentoa bill to address the disparity in sentencing for crack cocaine and powder cocaine will be heard in the assembly committee on public safety, tuesday, march 30, at 9. Criminal justice, sentencing, and crack and powder cocaine. Crack and powder cocaine have a devastating effect on. Similarly, those carrying ten grams of crack cocaine faced a. 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. Holly mitchells senate bill 1010, which would reduce the sentence for possession of crack cocaine for sale from 35 years to 24 years, thus matching the penalties for powder. 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. The us sentencing commission has been holding hearings on the disparities in sentencing for the sale of crack and powder cocaine. Data show racial disparity in crack sentencing us news.
The fair sentencing act 2010 reduced sentencing disparities to 18. Attorney general john ashcrofts justice department is digging in its heels over proposed changes to federal cocaine sentencing guidelines. 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. While they are both different chemical forms of cocaine, they differ in how they are made, how they are abused, their cost, dangers, effects, and more. Since the united states sentencing commission first reported 15 years ago on the differences in sentencing between crack and powder cocaine, a consensus has developed that the federal cocaine sentencing laws should be reassessed. These disparities were enacted into law through the antidrug abuse act of 1986 as part of a wave of raciallytinged media hysteria. October 17, 2014 most of us would agree that drug abuse and addiction is no respecter of persons.
Seeking equality in sentencing guidelines for crack and powder cocaine date. The us house of representatives approved a bill, sb 1789 on july 28. His research interests include disparities in sentencing practices, especially at the federal level, prosecutorial and judicial discretion, and sentencing for narcotics violations. The criminal justice system and the courts continue to hold the strong opinion. Crack cocaine is more harmful to society than powder cocaine. Download 32page term paper on sentencing disparities between crack cocaine vs. 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. Therefore, the danger associated with crack cocaine versus powder cocaine instead relates to the trade of the drug, not the drug itself. Proposals to eliminate sentencing disparities between crack and. The sentencing project cracked justice crack 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. Crackpowder disparity testimony of wade henderson the. Cracking the racial disparity for cocaine sentencing. The commission establishes sentencing policies and practices for the federal courts. The 100to1 cocaine sentencing disparity remained the law of the land until 2010 with the passage of the fair sentencing act, which reduced the sentencing disparity between crack and powder. October 08, 20 criminal law and criminology 4 comments 3 min read. According to these critics, federal criminal law also contains. James mclean, district attorney, 14th judicial district, durham county subject. How an early biden crime bill created the sentencing disparity for. Proposals to eliminate sentencing disparities between crack and powder cocaine offenses. Letters to congress on the elimination of the crackpowder. Criminal division aag breuer testimony re restoring. Racial disparities in federal drug sentencing testimony. At the time, possession of crack cocaine resulted in penalties 100 times higher than possession of an equal amount of the powdered form.
Senate judiciary committee, subcommittee on crime and drugs. House passes the fair sentencing act today, the house of representatives passed s. 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. Crack cocaine first hit the national radar in 1986 but, contrary to media reports, it was not a new drug. 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. The sentencing disparities between crack and cocaine attn. How an early biden crime bill created the sentencing disparity for crack and cocaine trafficking. Keith ellison spent 16 years as a trial lawyer dealing with hundreds of cases involving cocaine arrests. A person smoking crack cocaine as compared to snorting or injecting powder cocaine experiences a faster, more intense high simply because smoke in the lungs affects the brain more quickly than the other methods of ingestion. Under federal sentencing laws adopted in the midst of the crack hysteria of the 1980s, it takes 500 grams of powder cocaine to generate a mandatory minimum fiveyear federal prison sentence, but. Crack cocaine sentencing policy prison policy initiative. Ab 2274 dymally, if passed, will make equal the punishment for possession of cocaine powder for sale. Fair sentencing act american civil liberties union. A 2010 federal law rectified some, though not all, of the sentencing disparities.
The punishment difference between crackcocaine and powdercocaine exposes an unjust feature in the american justice system, a system that was built to be the epitome of justice. The passage of the fair sentencing act in 2010, which reduced, but did not eliminate, sentencing disparities between federal crack and powder cocaine offenders is one example of the emerging reformist consensus. This report addresses disparities in cocaine sentencing in states and documents efforts at the federal and state level to correct these injustices. Obama needs to fix the crack cocaine sentencing gap. He holds a phd from the university of nebraska at omaha. Today, states maintain sentencing disparities between crack and powder cocaine offenses. Obama administration tells congress to end crackpowder. After two decades of contentious debate regarding the federal sentencing disparities between crack cocaine and powder cocaine, unprecedented momentum to reform current policy has emerged. Although each state crafted its laws differently, the national war on drugs impacted state policies, resulting in harsh penalties for crack cocaine. Specifically, the penalty for possessing 500g of powder cocaine was comparable to possessing only 5g of crack. 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. Robin hudson, justice, supreme court of north carolina from.
Download page term paper on disparity in sentencing for crack vs. Learn vocabulary, terms, and more with flashcards, games, and other study tools. 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. In late 2007 the united states sentencing commission commission lowered the. Crack cocaine and powder cocaine are sometimes referred to in research and other outlets simply as cocaine, but there is a big difference between the two. Proposals to eliminate sentencing disparities between. Crack and cocaine powder sentencing disparities essay. The hearing will take place at the state capitol, rm. The difference between powder cocaine and crack cocaine. Racial insensitivity and unequal treatment in society can shape criminal justice policy. Omnibus violent crime control and law enforcement act, the u. The bill does not eliminate the disparity, but dramatically reduces it.
Until 2010, this sentencing disparity was 100 to 1, which means that while just 5 grams of crack would carry a 5year mandatory minimum. Cracked justice updated 32411 2 sentencing project. Data show racial disparity in crack sentencing congress passed the fair sentencing act to make punishments for crack and cocaine more equal. Sentencing guidelines for crack and powder cocaine bartleby. Letters to congress on the elimination of the crackpowder cocaine sentencing disparity. State legislature considers bill to address racial. Since then the federal bureau of prisons began to have budget and overcrowding problems. Crack cocaine disparity, the fair sentencing act 2010.
In 2010, president obama signed the fair sentencing act, which reduced the federal penalty ratios from 100. Crack cocaine and powder cocaine are the same drug, simply sold in different forms. 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. Written statement submitted by carol chodroff, us advocacy director, to the house. 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. This guide highlights the incredible breadth, depth and reliability of government information on this topic. The amount of powder cocaine necessary to trigger the sentence is still five kilos.