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IT'S NOT FAIR. IT'S NOT WORKING.
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End Crack and Powder Cocaine Sentencing Disparities
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End Crack and Powder Cocaine Sentencing Disparities
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Americans believe in a system of justice where all individuals are treated fairly under the law. But mandatory minimum sentencing laws prohibit judges from considering all the facts in a criminal case when determining sentences. The result is one-size-fits-all justice that ignores defendants' life circumstances, criminal history and role in the offense.
The 1986 and 1988 Anti-Drug Abuse Acts established excessive mandatory penalties for crack cocaine that were the harshest ever adopted for low-level drug offenses and created drastically different penalty structures for crack cocaine compared to powder cocaine, which are pharmacologically identical substances. The law has diverted precious resources away from prevention and treatment for drug users and devastated communities ripped apart by incarceration.
Today a new consciousness about the unfairness and ineffectiveness of harsh crack cocaine mandatory sentences has emerged among advocates, policymakers, judges and the United States Sentencing Commission. Explore this site to learn more about crack cocaine sentencing reform and how to end the sentencing disparity.
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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Crack cocaine disparity prioritized in President-elect Barack Obama’s transition agenda
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President-elect Barack Obama Wednesday unveiled a new Web site, www.change.gov, which highlights the incoming administration's policy priorities. Among the top civil rights priorities will be the complete elimination of crack cocaine sentencing disparities. Additional agenda items include ending racial profiling, reducing recidivism by providing reentry support, and expanding the use of drug courts. The site states: “Obama and Biden will give first-time, non-violent offenders a chance to serve their sentence, where appropriate, in the type of drug rehabilitation programs that have proven to work better than a prison term in changing bad behavior.”
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President-elect Barack Obama Wednesday unveiled a new Web site, www.change.gov, which highlights the incoming administration's policy priorities. Among the top civil rights priorities will be the complete elimination of crack cocaine sentencing disparities. Additional agenda items include ending racial profiling, reducing recidivism by providing reentry support, and expanding the use of drug courts. The site states: “Obama and Biden will give first-time, non-violent offenders a chance to serve their sentence, where appropriate, in the type of drug rehabilitation programs that have proven to work better than a prison term in changing bad behavior.”
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VIEW WWW.CHANGE.GOV
READ FEDERAL CRACK COCAINE BRIEFING SHEET
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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CRIMINAL JUSTICE RECOMMENDATIONS FOR NEW ADMINISTRATION AND CONGRESS RELEASED TODAY BY COALITION OF EXPERTS
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The 2009 Criminal Justice Transition Coalition, which includes The Sentencing Project and 20 other prominent national organizations, released today a collaborative report identifying critical needs for federal policy reform. Smart on Crime: Recommendations for the Next Administration and Congress contains comprehensive policy recommendations at every stage of the justice system for the new Administration and Congress.
"Americans of all political stripes, and especially professionals with experience in every aspect of the criminal justice system, recognize that the system is failing too many, costing too much, and helping too few," said today's report. Included among the recommendations to overcome these challenges are:
· Eliminate the crack cocaine sentencing disparity;
· Expand alternatives to incarceration;
· Fund prisoner reentry through the Second Chance Act;
· Extend federal voting rights to people released from prison;
· Restore welfare and food stamp eligibility to individuals with drug felony convictions; and
· Analyze and reduce unwarranted racial and ethnic disparity in the federal judicial system.
The policy catalogue will be distributed to the Obama/Biden transition team and key leadership on Capitol Hill. The administration's transition team has already identified the need to eliminate crack cocaine sentencing disparities as one of its civil rights agenda items.
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The 2009 Criminal Justice Transition Coalition, which includes The Sentencing Project and 20 other prominent national organizations, released today a collaborative report identifying critical needs for federal policy reform. Smart on Crime: Recommendations for the Next Administration and Congress contains comprehensive policy recommendations at every stage of the justice system for the new Administration and Congress.
"Americans of all political stripes, and especially professionals with experience in every aspect of the criminal justice system, recognize that the system is failing too many, costing too much, and helping too few," said today's report. Included among the recommendations to overcome these challenges are:
· Eliminate the crack cocaine sentencing disparity;
· Expand alternatives to incarceration;
· Fund prisoner reentry through the Second Chance Act;
· Extend federal voting rights to people released from prison;
· Restore welfare and food stamp eligibility to individuals with drug felony convictions; and
· Analyze and reduce unwarranted racial and ethnic disparity in the federal judicial system.
The policy catalogue will be distributed to the Obama/Biden transition team and key leadership on Capitol Hill. The administration's transition team has already identified the need to eliminate crack cocaine sentencing disparities as one of its civil rights agenda items. |
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READ ASSOCIATED PRESS COVERAGE
READ SMART ON CRIME TRANSITION DOCUMENT
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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Crack cocaine sentences, one year later
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Maryland has released 27 individuals since the U.S. Sentencing Commission made its decision to apply retroactive adjustments to the sentencing guidelines for crack cocaine offenses inDecember. The Maryland Daily Record reports that 113 others have received sentence reductions ranging from one month to almost five years. The USSC previously estimated that about 279 individuals in Maryland would be eligible to petition for sentence reductions. As of Friday, 598 individuals have asked to have their sentences reduced.
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Maryland has released 27 individuals since the U.S. Sentencing Commission made its decision to apply retroactive adjustments to the sentencing guidelines for crack cocaine offenses inDecember. The Maryland Daily Record reports that 113 others have received sentence reductions ranging from one month to almost five years. The USSC previously estimated that about 279 individuals in Maryland would be eligible to petition for sentence reductions. As of Friday, 598 individuals have asked to have their sentences reduced.
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READ ARTICLE
READ FEDERAL CRACK COCAINE SENTENCING BRIEFING SHEET
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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State(s): Maryland
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If you're arrested for drugs, you're more likely to get a second chance if you're white
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The Cleveland Plain Dealer examined hundreds of drug cases in an effort to gauge whether black defendants receive different treatment than white defendants in the Cleveland area criminal justice system. The results of the investigation have revealed that there is, in fact, a racial disparity: Since 2000, African Americans have been 12.7 times more likely than their white counterparts to be sent to a state prison from Cuyahoga County on drug charges. Further, it was reported that black, first-time offenders were 66 percent more likely to receive a felony offense for a drug conviction than whites, who were more likely to be diverted to a treatment program.
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The Cleveland Plain Dealer examined hundreds of drug cases in an effort to gauge whether black defendants receive different treatment than white defendants in the Cleveland area criminal justice system. The results of the investigation have revealed that there is, in fact, a racial disparity: Since 2000, African Americans have been 12.7 times more likely than their white counterparts to be sent to a state prison from Cuyahoga County on drug charges. Further, it was reported that black, first-time offenders were 66 percent more likely to receive a felony offense for a drug conviction than whites, who were more likely to be diverted to a treatment program.
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READ ARTICLE
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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State(s): Ohio
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Crack the Disparity Newsletter
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 The second edition of the Crack the Disparity Coalition's quarterly e-newsletter. This edition includes information on the upcoming Spring 2009 Lobby Day; an article on the coalition's "Home for the Holidays” campaign to rally support for individuals serving excessive penalties for crack cocaine offenses; and a feature on advocate Dorothy Gaines, a mother of three who received commutation after serving 11 years of 19-year crack sentence which she continues to dispute.
This newsletter is designed to maintain the momentum that is propelling reform by keeping advocates updated on news and events related to eliminating the crack cocaine disparity. It can be accessed at www.crackthedisparity.com where additional advocacy resources and information can be found.
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The second edition of the Crack the Disparity Coalition's quarterly e-newsletter. This edition includes information on the upcoming Spring 2009 Lobby Day; an article on the coalition's "Home for the Holidays” campaign to rally support for individuals serving excessive penalties for crack cocaine offenses; and a feature on advocate Dorothy Gaines, a mother of three who received commutation after serving 11 years of 19-year crack sentence which she continues to dispute.
This newsletter is designed to maintain the momentum that is propelling reform by keeping advocates updated on news and events related to eliminating the crack cocaine disparity. It can be accessed at www.crackthedisparity.com where additional advocacy resources and information can be found.
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READ NEWSLETTER
SIGN PETITION IN SUPPORT OF COMMUTING SENTENCES OF INDIVIDUALS SERVING TIME UNDER THE CRACK COCAINE SENTENCING DISPARITY
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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Prison terms in cocaine cases reduced for some because of disparities
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Anthea Harris accompanied her husband on a crack cocaine drug deal made with undercover informants. As a result, she received a 15-year sentence for conspiring to distribute crack cocaine in 1997. Having served 11 years of that sentence, Harris recently returned home to her 12- and 18-year-old daughters under the U.S. Sentencing Commission's recent guideline amendment which shaved off time from her sentence due to the disparity between crack and powder cocaine. In prison, Harris said she met women serving much less time than she for importing larger amounts of powder cocaine.
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Anthea Harris accompanied her husband on a crack cocaine drug deal made with undercover informants. As a result, she received a 15-year sentence for conspiring to distribute crack cocaine in 1997. Having served 11 years of that sentence, Harris recently returned home to her 12- and 18-year-old daughters under the U.S. Sentencing Commission's recent guideline amendment which shaved off time from her sentence due to the disparity between crack and powder cocaine. In prison, Harris said she met women serving much less time than she for importing larger amounts of powder cocaine.
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READ ARTICLE
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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State(s): Florida
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Public Safety Issues Remain for African Americans
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“Drugs – especially crack cocaine – and the influence of gangs have taken a toll on black communities and sent their youths to prisons at astounding rates. And the relatively low number of blacks in local law enforcement leaves community activists wondering if progress has been made at all.”
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“Drugs – especially crack cocaine – and the influence of gangs have taken a toll on black communities and sent their youths to prisons at astounding rates. And the relatively low number of blacks in local law enforcement leaves community activists wondering if progress has been made at all.”
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READ ARTICLE
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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State(s): North Carolina
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The Sentencing Project Submits Recommendations for USSC's Future Priorities
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The Sentencing Project has submitted comments to the United States Sentencing Commission regarding priorities for the Commission's focus for 2008-09. The letter recommends that the Commission address the following: continue to work with Congress to promote reform of crack cocaine sentences; engage in a comprehensive assessment of the effects of mandatory minimum sentencing in the federal courts; pursue consideration of expanded options for alternatives to incarceration; and, follow the lead of states such as Iowa, Connecticut, and Minnesota in establishing policies to forecast the racial impact of proposed policy changes.
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The Sentencing Project has submitted comments to the United States Sentencing Commission regarding priorities for the Commission's focus for 2008-09. The letter recommends that the Commission address the following: continue to work with Congress to promote reform of crack cocaine sentences; engage in a comprehensive assessment of the effects of mandatory minimum sentencing in the federal courts; pursue consideration of expanded options for alternatives to incarceration; and, follow the lead of states such as Iowa, Connecticut, and Minnesota in establishing policies to forecast the racial impact of proposed policy changes.
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READ LETTER
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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Crack and powder: They're equally criminal, so equalizing sentencing is fair
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Since April, hundreds of Virginia inmates have had their crack cocaine-related sentences reduced since the U.S. Sentencing Commission made its decision to apply adjustments to the sentencing guidelines for crack cocaine offenses. "It's just a start, really,” states a Daily Press editorial. “It's about time the federal justice system caught up with Virginia's system, in which crack offenses are treated equally with those for cocaine … undoing this unequal treatment of equal crimes is the right move.”
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