Fair sentencing act american civil liberties union. Proposals to eliminate sentencing disparities between crack. The sentencing disparity between these two drug offenses is. The new law reduces that dramatic disparity, cutting the ratio to about 181. Feb 19, 2015 socioeconomically disadvantaged adults are more likely to use crack over powder cocaine, and are thus more likely to be subject to arrest.
Crack cocaine sentencing policy prison policy initiative. 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. Federal crack cocaine sentencing the sentencing project. We did our last update on president obamas campaign promise to eliminate the disparity in sentencing for crack and cocaine on july 14, 2010. 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 the mid 80s, congress passed the antidrug abuse act of 1986. Since enactment of this law, the 100 to 1 ratio has had a devastating and. The fair sentencing act, as introduced, would have provided equal treatment under law, creating a 1. Congress compounded the inequity by making crack cocaine the only drug. The group in studies of sentencing practices has referred to crack cocaine mandates as a poster child. Famm supported that reform, the fair sentencing act fsa. The law reduced the disparity between the amount of crack cocaine and powder cocaine needed to trigger certain united states federal criminal penalties from a 100.
Crackpowder sentencing disparity reduced by congress huffpost. Amidst public concern over the dangers of crack cocaine and. To be hit with the same charge, powder cocaine users needed to be caught with 500 grams. 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. I have held that position since i practiced as a federal prosecutor in the nineties.
A 2010 federal law rectified some, though not all, of the sentencing disparities. The 2010 act changed the ratio of crack to powder cocaine for purposes of imposing the same sentence for possession of each form of the drug from 100toone to 18toone. And, for the first time in 40 years, congress is rolling back a mandatory minimum sentence already on the books. The fsa is not perfect, but it was the best that congress was able to pass at the time. This briefing paper provides background on the cocaine sentencing debate, explores the racial impact of the crack sentencing disparity, and clarifies the misperceptions regarding crack addiction. 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. Powder disparitythe data tell us that it is time to restore the balance i.
It eliminates the disparity in federal sentencing for crack versus powder cocaine offenses, without a shift in the current powder cocaine penalty. The 100to1 disparity has unfairly impacted african americans and. Crack powder sentencing disparity reduced by congress. Introduction no other feature of the federal sentencing guidelines has been viewed more critically than the 100.
Before this law was passed, the united states had a 100to1 cracktopowder cocaine sentencing disparity. How an early biden crime bill created the sentencing. Similarly, those carrying ten grams of crack cocaine faced a. Keith ellison spent 16 years as a trial lawyer dealing with hundreds of cases involving cocaine arrests. At issue is whether a federal judge has the discretion to impose a more lenient sentence on sellers of crack cocaine based on a finding that the 100. The fsa eliminated the mandatory minimum sentence for simple possession of crack cocaine and increased statutory fines. Based on the sentencing commissions recommendations, senator joseph biden dde has introduced the drug sentencing reform and cocaine kingpin trafficking act of 2007, a groundbreaking piece of legislation that would equalize the penalties for crack and powder cocaine. May 25, 2011 to be charged with a felony, crack users needed to possess only 5 grams of the drug. 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 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.
The reason for this, he contends, is that crack cocaine has adverse public health. Supreme court will hear arguments tuesday, october 2, 2007, in a crack powder cocaine sentencing disparity case kimbrough v. This disparity, known as the 100to1 ratio, was enacted in the late 1980s and was based on myths about crack cocaine being more dangerous than powder. Chief among these is the racial outcome of the sentencing disparity. Apr 29, 2009 the administration believes congresss goal should be to completely eliminate the sentencing disparity between crack cocaine and powder cocaine, said assistant attorney general lanny breuer, who heads the justice departments criminal division. Opinion sentencing reform starts to pay off the new. Prior to reform the state distinguished between crack and powder at a ratio of 56. Now, the ten year sentence is triggered by 280 grams of crack instead of 50. Support fair and rational sentencing by eliminating the. Seeking rehab for cocaine or crack addiction is an important step toward achieving sobriety. On march 17, 2010, the fair sentencing act of 2009 s. Whites get probation, blacks get a decade behind bars by lucia graves before coming to capitol hill, rep. The countrys violent crime rate, which would peak in 1991, had more. On june 20, 2011, representative bobby scott dva introduced a new bill to eliminate the crack powder disparity and establish a onetoone ratio.
Aug, 2010 we did our last update on president obamas campaign promise to eliminate the disparity in sentencing for crack and cocaine on july 14, 2010. Eliminate the crack versus cocaine sentencing disparity. Sentencing commissions latest report to congress on cocaine sentencing can be found at the commissions website, under report to congress federal cocaine sentencing policy. Before this law was passed, the united states had a 100to1 crack to powder cocaine sentencing disparity. Sentencing commission in its most recent report to congress has recommended changing the 100. Congress narrows disparity between sentences for crack vs. There have been numerous efforts in congress to make the fair sentencing act retroactive and to eliminate the 18to1 disparity.
Moreover, the significant racial disparity in federal prisons will continue. The fair sentencing act has had many benefits, including reducing the disparity in the way courts punished crack cocaine offenses versus powder. A bipartisan, compromise amendment adopted by the committee on thursday would establish the. The sentencing disparities between crack and cocaine attn. Connecticut equalized penalties for crack and powder in 2005. 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. New drug law narrows crack, powder cocaine sentencing gap. Jun 11, 2016 in the mid 80s, congress passed the antidrug abuse act of 1986. Jul 28, 2019 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. Proposals to eliminate sentencing disparities between. Committee advances bill to address crackpowder sentencing. Scientific evidence, including a major study published in the journal of the american medical association, has proven that crack and powder cocaine have identical physiological and psychoactive. The 1986 law created a 100 to 1 disparity between the sentencing guidelines for crack and powder cocaine.
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. Reform the crack powder cocaine mandatory minimum sentences to reflect a ratio of 1to1, rather than 18to1. The bill would reduce but not completely eliminate the sentencing disparity by reducing it to an 181 ratio. Supreme court will hear arguments tuesday, october 2, 2007, in a crackpowder cocaine sentencing disparity case kimbrough v. The issues raised in the appeal will be discussed in future blogs as will the united states supreme courts recent decision in kimbrough v united states, 128 s. The powder crack cocaine penalty equalization act of 2009, h. Proposals to eliminate sentencing disparities between crack and. 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. Supreme court weighs 100to1 disparity in crackpowder. Sentencing commission statistics show that 29 percent of all crack cases from october 1, 2008, through september 30,2009, involved a weapon, compared to. 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 fair sentencing act of 2010 public law 111220 was an act of congress signed into law by u. Download page term paper on disparity in sentencing for crack vs. Since the law went into effect, the ratio dropped to 18to1.
The amount of powder cocaine necessary to trigger the sentence is still five kilos. Reform the crackpowder cocaine mandatory minimum sentences to reflect a ratio of 1to1, rather than 18to1. The fair sentencing act of 2010 fsa, enacted august 3, 2010, reduced the statutory penalties for crack cocaine offenses to produce an 18to1 cracktopowder drug quantity ratio. The administration believes congresss goal should be to completely eliminate the sentencing disparity between crack cocaine and powder cocaine, said assistant attorney general lanny breuer, who heads the justice departments criminal division. My position is that i supported the legislation to reduce the crack powder distinction because the current 100 to 1 ratio in the federal sentencing guidelines cannot be justified. To read the briefing paper, download the pdf below. The fsa changed this socalled 100toone disparity to a disparity of 18toone. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a. Term paper on sentencing disparities between crack cocaine vs. Sentencing commission found the crackpowder disparity inconsistent with the 1986 acts concerns about penalizing serious drug traffickers more severely than streetlevel dealers. This 100to1 disparity has frequently been cited by drug war opponents as exhibit a to buttress their claim that drug laws are racist. The 2010 act changed the ratio of crack to powder cocaine for purposes of.
It recommends that congress alter the 100to1 cracktopowder ratio, but, in the meantime, proposes a reduction in the sentencing guideline range for cocaine offenses. This disparity between crack and powder cocaine was driven by fear. Some 2020 democratic candidate argue that the sentencing disparity between crack cocaine and powder cocaine, which now sits at 18to1, should be eliminated entirely. Nov 15, 2007 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. Criminal division aag breuer testimony re restoring. Cracked justice updated 32411 2 sentencing project. Castillo discussed here sentenced castillo to 87 months imprisonment based largely on the unwarranted sentencing disparity between crack and powder cocaine the 100. Powder assignment the disparity in the sentencing illustrates that congress considered crack cocaine much more dangerous than powder cocaine and as a result, those who trafficked crack. The quantity distinction has also resulted in a massive sentencing disparity by race, with african americans receiving longer sentences than the mostly white and. Iowa modified the state sentencing disparity in 2003 from 100to1 to 10to1. On appeal, the second circuit held that district courts do not have the authority to reject unilaterally the 100. The fair sentencing act of 2010 was an act of congress that was signed into federal law by u. 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.
The fair sentencing act of 2010 fsa, enacted august 3, 2010, reduced the statutory penalties for crack cocaine offenses to produce an 18to1 crack to powder drug quantity ratio. Opposition to the crack cocaine sentencing disparity and mandatory. 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. On june 20, 2011, representative bobby scott dva introduced a new bill to eliminate the crackpowder disparity and establish a onetoone ratio. Data show racial disparity in crack sentencing us news.
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