California fair sentencing act to eliminate the disparities. Decades of research has determined that crack cocaine and powder cocaine are both harmful drugs, but have similar effects on the body and brain. Sentencing disparities between crack and cocaine powder resulted in a violation of the fourteenth amendments equal protection clause on the basis of racial discrimination. Sex and race disparities in departures from the federal sentencing guidelines. Proposals to eliminate sentencing disparities between crack. Crack cocaine first hit the national radar in 1986 but, contrary to media reports, it was not a new drug. Mar 31, 2020 sentencing disparities between crack cocaine vs. Proposals to eliminate sentencing disparities between crack and powder cocaine offenses. Cracking the racial disparity for cocaine sentencing center. Malefemale disparities are due to judges perception of dangerousness, blameworthiness, and childcare responsibilities.
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. As one of only 12 states left in the country that maintains this unjust disparity in cocaine sentencing, i am. 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. The us sentencing commission provided this analogy in 1997 to support equalizing penalties for crack and powder cocaine. Readerfriendly version of amendments on crack cocaine and retroactivity effective may 1, 2008 and amendments submitted to congress on may 1, 2008 effective november 1, 2008. Crack and cocaine also differ in the manner in which they are used. 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 2010 congress unanimously passed legislation reducing the crackpowder cocaine sentencing disparity. 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.
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. Racial, ethnic, and gender disparities in federal sentencing today. Racial disparities in sentencing american civil liberties union. Cracking the racial disparity for cocaine sentencing. Crack and cocaine powder sentencing disparities essay example. 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. Crack cocaine and powder cocaine are the same drug, simply sold in different forms. Sentencing commission statistics show that 29 percent of all crack. The sentencing disparities between crack and cocaine attn. Apr 28, 2014 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 resulted in a pattern of racial discrimination in sentencing and incarceration in california.
Apr 30, 2009 letters to congress on the elimination of the crackpowder cocaine sentencing disparity. Download page term paper on disparity in sentencing for crack vs. Legal policy with assistance from the bureau of justice statistics. Crack is highly, highly addictive unlike normal cocain. 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.
Aug 05, 2009 proposals to eliminate sentencing disparities between crack and powder cocaine offenses. 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. Crack cocain has barely any similarities to its powder form other than the name and the fact its a stimulant. Specifically, the penalty for possessing 500g of powder cocaine was comparable to possessing only 5g of crack.
Although federal statistics find that half of crack users are white, the sale. Apr 18, 2014 human rights watch wrote the following letter expressing support of california state senate bill sb 1010 which would reduce the disparities in penalties between crack and powder cocaine. Differences are based on seriousness of crimes and prior criminal histories 2. Disparity in sentencing for crack vs powder cocaine. Gender disparities in sentencing drug offenders female offenders receive more lenient sentences than males 1. 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 resulted in a pattern of racial discrimination in sentencing and incarceration in california.
Disparity, discrimination, and adverse impacts fair sentencing is individualized sentencing. Our current law is discriminatory, said lynne lyman of the drug policy alliance. Media portrayals of powder and crack cocaine offenders are. Gram for gram, there is less active drug in crack cocaine than in powder cocaine. Despite harsher penalties for crack versus powder cocaine, crack use. In the sentencing commissions report on the crackpowder cocaine sentencing disparity released in february, it pointed to the racial impact of this law. Congress on wednesday changed a 25yearold law that has. Crack and powder cocaine have similar pharmacological and. House holds hearings on crackpowder cocaine sentencing. Nov 01, 2011 many inmates are being released starting tuesday, thanks to changes easing the disparity between crack and powder cocaine sentences. The us house of representatives wednesday approved a bill, sb 1789, that addresses one of the most glaring injustices of the american drug war. Jul 29, 2010 congress moves to narrow cocaine sentencing disparities. Racial, ethnic, and gender disparities in federal sentencing today a.
Letters to congress on the elimination of the crackpowder cocaine sentencing disparity. 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. 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. Disparity in sentencing for crack vs powder cocaine essay. A 2010 federal law rectified some, though not all, of the sentencing disparities. Mandatory minimum sentencing policies and cocaine use in the u. In order to determine how this facial disparity played out in actual sentences, the office of. The difference between powder cocaine and crack cocaine. Cocaine sentencing disparities may change prison legal news. Congress moves to narrow cocaine sentencing disparities. The figures for the 6,020 powder cocaine cases are far less skewed.
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. Feb 19, 2015 specifically, the penalty for possessing 500g of powder cocaine was comparable to possessing only 5g of crack. Why is there a sentencing disparity between possession of. As an answer to this call, and in an attempt to build on currents studies on the effects of departures as an intervening mechanism, and a source of unwarranted disparity, this study explores federal sentencing data on offenders convicted of crack.
Recommendations to address state crack and powder sentencing disparities include. The sentencing project cracked justice crack cocaine. The bill does not eliminate the disparity, but dramatically reduces it. At the time, possession of crack cocaine resulted in penalties 100 times higher than possession of an equal amount of the powdered form.
Cocaine is typically snorted, and crack is typically smoked. While the sentencing commission has been working for years to address prison overcrowding and unduly harsh sentencing, recent years have also seen some advances in congress. Cocaine is generally found in white powder form, and crack is found in a rock form that is generally white, cream, tan, or light brown. Eliminating crack and powder cocaine sentencing disparities. Jul, 2015 while the sentencing commission has been working for years to address prison overcrowding and unduly harsh sentencing, recent years have also seen some advances in congress.
Its a dirty drug that shouldnt exist, but unfortunately it does. Federal policy is responsible for this disparity, the antidrug abuse act of 1986 and public law 10438 federal sentencing guidelines, amendment, disapproval being the most significant contributors. Some 2020 democratic candidate argue that the sentencing disparity between crack cocaine and powder cocaine, which now sits at 18to1, should be eliminated entirely. Inmate wants congress to address forgotten victims of crack. The legislation also eliminates the mandatory minimum for simple possession of crack cocaine. Cocaine sentencing disparities may change loaded on oct. Congress passes bill to reduce disparity in crack, powder cocaine sentencing. Federal policy is responsible for this disparity, the antidrug abuse act of 1986 and public law 1. 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. To get a comparable sentence, a dealer selling powdered cocaine would have to.
Many inmates are being released starting tuesday, thanks to changes easing the disparity between crack and powder cocaine sentences. Disparities in the treatment of crack and powder cocaine are frequently talked about as being racially motivated, i suppose because black drug users favor crack cocaine and white drug users favor powder cocaine or at least, the groups are thought to favor the respective drugs. While they are both different chemical forms of cocaine, they differ in how they are made, how they are abused, their cost, dangers. For more information on federal laws on cocaine possession, see cocaine. Falsely treating crack cocaine as 50 times more addictive than powder cocaine, as congress did more than in creating the 100toone quantity ratio, has implications beyond that of mere unfair sentencing. Congress moves to narrow sentencing disparities for crack and. Keith ellison spent 16 years as a trial lawyer dealing with hundreds of cases involving cocaine arrests. The federal crack statute was passed during the height of the socalled.
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 drugsentencing bill attracted little notice in washington, compared with. When both houses of congress approve the final version of a bill, they are engaging in the process of. In 2010, congress passed the fair sentencing act fsa, which reduced the sentencing disparity between offenses for crack and powder cocaine from 100. Proposals to eliminate sentencing disparities between. The federalist society takes no position on particular legal or public policy initiatives. In the three decades prior to the passing of the fair sentencing act, those who were arrested for possessing crack cocaine faced much more severe penalties than those in possession of powder cocaine. These include legislation introduced in congress and a series of hearings resulting in recommendations by the united states sentencing. Powder cocaine use is more evenly spread among ethnic backgrounds, and more white americans have tried powder cocaine than black americans. In late 2007 the united states sentencing commission commission lowered the. Another difference between crack and cocaine relates to the high produced. Crack is cheaper, so its found in low income communities more than pure powder cocaine. Chemically there is no difference between the two forms of cocaine.
New rules slashing crack cocaine sentences go into effect cnn. Data show racial disparity in crack sentencing us news. New rules slashing crack cocaine sentences go into. The california fair sentencing act has garnering over 100 letters of support from across the state and the nation. The us house of representatives approved a bill, sb 1789 on july 28. Crack cocaine disparity, the fair sentencing act 2010. Powder cocaine united states sentencing commission. Congress acts to reduce crackpowder cocaine sentencing. Before the passage of the fair sentencing act in the united states in 2010, possession of 5 grams of crack cocaine, or 500 grams of powder cocaine, constituted a felony offensea 100to1 disparity. Bac221101 united states sentencing commission sentencing guidelines for united states. Congress are trying to block any changes in crack cocaine prosecutions and maintain the. 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. Allow judges to consider employment status or family situation.
Pdf powder cocaine and crack use in the united states. Human rights watch wrote the following letter expressing support of california state senate bill sb 1010 which would reduce the disparities in penalties between crack and powder cocaine. In 2010 congress unanimously passed legislation reducing the crack powder cocaine sentencing disparity. While some aspects of drug use and distribution may justify a higher penalty for crack than for powder cocaine, the present 100 to 1 quantity ratio is too great. While the effect of such policies on racial disparities in incarceration is. The commission establishes sentencing policies and practices for the federal courts. Aug 03, 2010 data show racial disparity in crack sentencing. While a person found with five grams of crack cocaine faced a fiveyear mandatory minimum prison sentence. Possession of heroin or powdered cocaine, without intent to sell, is a. Are there any possible arguments in favor of sentencing. Fair sentencing act american civil liberties union.
The sentencing disparity between convictions for crack cocaine and powder cocaine is discriminatory toward africanamericans. Jul, 2007 as an answer to this call, and in an attempt to build on currents studies on the effects of departures as an intervening mechanism, and a source of unwarranted disparity, this study explores federal sentencing data on offenders convicted of crack. Jul 28, 2010 the us house of representatives wednesday approved a bill, sb 1789, that addresses one of the most glaring injustices of the american drug war. Apr 17, 2020 download page term paper on disparity in sentencing for crack vs. Inmate wants congress to address forgotten victims of crack cocaine sentencing disparity. An examination of risk for arrest and socioeconomic disparities in use joseph j. Sentencing disparities between crack and cocaine powder resulted in a violation of the fourteenth amendments equal. 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. Aspirations and realism about drug sentencing reform that disparities in. Crack and cocaine powder sentencing disparities essay. Discrimination that occurs in some contexts or under some circumstances. A policy concerning gender workplace discrimination would be considered. After the passage of the act, possession of 28 grams of crack cocaine constituted a felony offense or 500 grams of power cocaine, as beforean 18to1 disparity.
For example, if a person possesses five grams of crack, he or she will receive a minimum five years in prison, and if that person possesses fifty grams of crack, the sentence will be. Crack and cocaine powder sentencing disparities essay sample. While some aspects of drug use and distribution may justify a higher penalty for crack than for powder cocaine, the. The fair sentencing act 2010 reduced sentencing disparities to 18. Unwarranted disparity is defined as different treatment of individual offenders who are similar in relevant ways, or similar treatment of individual.
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