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100-to-1 Sentencing Disparity May Be Doomed
Congress is currently considering the Fairness in Cocaine Sentencing Act, which would eliminate the sentencing disparity in federal laws between powder cocaine and crack cocaine.
August 30, 2009 /Parenting PR News/ -- 100-to-1 Sentencing Disparity May Be Doomed
Article provided by Albert L. Wysocki, A Professional Corporation
Visit us at www.albertwysocki.com
As part of the "War on Drugs" of the 1980s, Congress enacted tough penalties for possession of crack cocaine (a version of cocaine that can be smoked). Those sentencing guidelines created a 100-to-1 sentencing disparity between possession of powder cocaine and crack cocaine.
That sentencing ratio means a person convicted of possession of five grams of crack-- an amount that weighs as much as two pennies-- receives the same mandatory minimum five-year sentence as someone convicted with 500 grams of powder cocaine. Likewise, penalties for selling the two drugs are disparate: The sale of 50 grams of crack draws the same mandatory 10-year minimum sentence as the sale of 5,000 grams of powder cocaine (five kilos).
The harsh sentences have helped to fill America's prisons. Fifty-five percent of federal prisoners are behind bars for drug offenses.
Some critics of the crack cocaine sentencing guidelines also point to a racial disparity in sentencing as a reason for striving for a more balanced punishment: Over 80 percent of those charged with crack cocaine crimes are African Americans.
Congress is now considering the Fairness in Cocaine Sentencing Act. It would remove the distinction in the federal laws between the two forms of cocaine.
The House of Representatives' Judiciary subcommittee on crime, terrorism and homeland security has unanimously moved the legislation on to the full House for consideration. If the House passes the bill, it will move to the Senate, and if approved there, on to President Obama's desk, where it is expected to be signed into law.
Attorney General Eric Holder has expressed support for the bill, saying it's time to end the "egregious" sentencing disparity.
Article provided by Albert L. Wysocki, A Professional Corporation
Visit us at www.albertwysocki.com
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