Mar 31, 2020 sentencing disparities between crack cocaine vs. The house, by voice vote, approved a bill reducing the disparities between mandatory crack and powder cocaine sentences, sending the measure to president barack obama for his signature. Similarly, those carrying ten grams of crack cocaine faced a. The social disparities between crack and cocaine october 08, 20 criminal law and criminology 4 comments 3 min read 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 sentencing disparity between these two drug offenses is. This disparity between crack and powder cocaine was driven by fear, instead of by research, of the intensity and perceived dangers of. This bill will go a long way toward ensuring that our sentencing laws are tough, consistent, and fair. Today, states maintain sentencing disparities between crack and powder cocaine offenses. Are there any possible arguments in favor of sentencing. 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. Its a dirty drug that shouldnt exist, but unfortunately it does. This is often what people are referring to when they mention drug related sentencing disparities. For instance, there are federal guidelines ensuring that people who get caught with crack are sentenced more harshly than those who are caught with powder cocaine. Crack cocain has barely any similarities to its powder form other than the name and the fact its a stimulant.
A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a. Jan 02, 2020 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. Cracking the racial disparity for cocaine sentencing. In late 2007 the united states sentencing commission commission lowered the. 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. 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. Proposals to eliminate sentencing disparities between crack. Data show racial disparity in crack sentencing us news. On behalf the leadership conference on civil rights lccr, the nations oldest, largest, and most diverse civil and human rights coalition, we urge you to eliminate the sentencing disparities between crack and powder cocaine. 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. The dea states that both drugs have a high abuse potential that can lead to severe psychological or physical dependence. The 1986 law created a 100 to 1 disparity between the sentencing guidelines for crack and powder cocaine. Obama expected to ease crackcocaine sentencing disparities.
Crack cocaine sentencing policy prison policy initiative. 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. Sentencing commission statistics show that 29 percent of all crack cases from october 1, 2008, through september 30,2009, involved a weapon, compared to. Crack users are much more likely to experience arrest than powder cocaine users, and being poor is the true overwhelming correlate, not being black or a minority, says joseph j. Federal crack cocaine sentencing the sentencing project. October 08, 20 criminal law and criminology 4 comments 3 min read. The bill does not eliminate the disparity, but dramatically reduces it. But its not a perfect resolution because it only reduces the current disparity in sentencing between crack and powder cocaine from 100. Why is there a sentencing disparity between possession of. Further resolved, that the iacp urges that any modifications to eliminate the disparity between crack and powder cocaine sentencing be made by significantly adjusting downward the cocaine powder mandatory minimum amount to levels which correspond to the current levels for crack so that the law enforcement community will still be able to deal. 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.
Nov 03, 2011 but its not a perfect resolution because it only reduces the current disparity in sentencing between crack and powder cocaine from 100. Sentencing commissions latest report to congress on cocaine sentencing can be found at the commissions website, under report to congress federal cocaine sentencing policy. Until 2010, this sentencing disparity was 100 to 1, which means that while just 5 grams of crack would carry a 5year mandatory minimum. 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. This report addresses disparities in cocaine sentencing in states and documents efforts at the federal and state level to correct these injustices. In the wake of recent changes to the federal sentencing guidelines and. Keith ellison spent 16 years as a trial lawyer dealing with hundreds of cases involving cocaine arrests.
After the passage of the act, possession of 28 grams of crack cocaine constituted a felony offense or 500 grams of power cocaine, as before. In 2010 congress passed the fair sentencing act, which repealed the mandatory minimum sentence for simple possession and reduced the sentencing disparity from 100. 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. Sentencing commission, a federal agency, found that crack cocaine is not appreciably different from powder cocaine, either in its.
The us house of representatives approved a bill, sb 1789 on july 28. Crack, which emerged in the mid1980s, had been deemed. Crack cocaine first hit the national radar in 1986 but, contrary to media reports, it was not a new drug. 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. Fair sentencing act american civil liberties union. Another difference between crack and cocaine relates to the high produced. American drug laws make it pretty clear that our legal system thinks crack is extra whack. Disparity in sentencing for crack vs powder cocaine. Drug scheduling and criminal disparities between crack and powder cocaine. Cocaine is derived from the coca plant, which is indigenous to south america. Support fair and rational sentencing by eliminating the. 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. What is the chemical difference between crack cocaine and powder cocaine. 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.
The legislation also eliminates the mandatory minimum for simple possession of crack cocaine. 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. Powder and crack cocaine differ in appearance, side effects, duration of effects, demographics and incarceration rates. Dec 03, 2019 the nations lawmakers took a step in that direction nine years ago when they passed the fair sentencing act, which reduced the disparity between powder cocaine and crack from 100 to 1, to 18 to 1. The difference between powder cocaine and crack cocaine. Sentencing commission for years has asked congress to narrow the difference, to no avail. The amount of powder cocaine necessary to trigger the sentence is still five kilos. 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. The main difference between crack and powder cocaine. The house, by voice vote, approved a bill reducing the disparities between mandatory crack and powder cocaine sentences, sending the measure to. Both crack and powder cocaine are considered to be schedule ii by the drug enforcement administration dea. Jul 01, 2014 in 2010, president obama signed the fair sentencing act, which reduced the federal penalty ratios from 100. Proposals to eliminate sentencing disparities between. It recommends that congress alter the 100to1 cracktopowder ratio, but, in the meantime, proposes a reduction in the sentencing guideline range for cocaine offenses.
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. Despite these differences, both drugs can have devastating effects on a persons health. In 2010, congress passed the fair sentencing act fsa, which reduced the sentencing disparity between offenses for crack and powder cocaine from 100. 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 sentencing disparity between convictions for crack cocaine and powder cocaine is discriminatory toward africanamericans.
Activists argue that the current rules are too harsh. Disparity in sentencing for crack vs powder cocaine essay. With a set of mandatory minimum sentencing laws passed in 1986, congress for the first time distinguished between crack and powder cocaine. 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. Crack and cocaine also differ in the manner in which they are used. The adaa created a 100toone ratio between the quantity of crack versus powder cocaine needed to trigger mandatory minimum sentencing. Crack is highly, highly addictive unlike normal cocain.
Some 2020 democratic candidate argue that the sentencing disparity between crack cocaine and powder cocaine, which now sits at 18to1. 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. 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. In the wake of recent changes to the federal sentencing guidelines and recommendations by the u. In 2010, president obama signed the fair sentencing act, which reduced the federal penalty ratios from 100. Cocaine is typically snorted, and crack is typically smoked. The sentencing disparities between crack and cocaine attn. Support for reducing the disparity with powder cocaine offenders increased with reports beginning in 2002 by the u. Congress narrows disparity between sentences for crack vs. Powder cocaine is a fine, white, crystal powder that is often mixed with additives like cornstarch, talcum powder, or flour to increase its profits when sold illicitly crack cocaine is the name given to powder cocaine that has been processed with baking soda or.
Amidst public concern over the dangers of crack cocaine and soon after the death of boston celtics firstround draft pick len bias from a cocaine overdose, congress enacted the antidrug abuse act of 1986, which imposed mandatory minimum sentences for persons convicted of trafficking in crack cocaine, powder cocaine, and other substances. In spite of arguments upholding sentencing differences between crack and powdercocaine, proponents against such disparities need only to. 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. Cracking the racial disparity for cocaine sentencing center. What is crack cocaine differences between crack and cocaine. We wrote this paper to inform the public and congress about the disparities in the sentencing laws between crack and powder cocaine, which. Now, the ten year sentence is triggered by 280 grams of crack instead of 50. The fair sentencing act 2010 reduced sentencing disparities to 18.
The demographic profile of cocaine offenders must be further examined to analyze any disparity in sentencing. Specifically, the penalty for possessing 500g of powder cocaine was comparable to possessing only 5g of crack. Congress is considering a bill to change drug laws that punish crack cocaine violations more severely than those for powder cocaine. Crack and cocaine powder sentencing disparities essay sample. A 2010 federal law rectified some, though not all, of the sentencing disparities. Crack and cocaine powder sentencing disparities essay example. The nations lawmakers took a step in that direction nine years ago when they passed the fair sentencing act, which reduced the disparity between powder cocaine and. 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. In the mid 80s, congress passed the antidrug abuse act of 1986. Feb 19, 2015 specifically, the penalty for possessing 500g of powder cocaine was comparable to possessing only 5g of crack. Crack cocaine disparity, the fair sentencing act 2010. 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. S house of representatives passed legislation to reduce the sentencing disparity between federal crack and powder cocaine sentences. Crack and cocaine powder sentencing disparities essay.