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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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Texas newspaper supports elimination of crack cocaine sentencing disparity
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A Texas newspaper published an editorial supporting the reform of harsh crack cocaine sentencing laws stating, “our hope is that this growing rebellion among federal judges will spur Congress to act and reduce mandatory penalties for crack cocaine, so that its users aren't treated any differently than those who use powder cocaine.” The Longview News-Journal editorial board argued that there is an “element of racism, even if it is unintended” in the sentencing which sends someone accused of selling five grams of crack to prison for five years while the same term is given to someone convicted of selling 500 grams of powder cocaine.
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A Texas newspaper published an editorial supporting the reform of harsh crack cocaine sentencing laws stating, “our hope is that this growing rebellion among federal judges will spur Congress to act and reduce mandatory penalties for crack cocaine, so that its users aren't treated any differently than those who use powder cocaine.” The Longview News-Journal editorial board argued that there is an “element of racism, even if it is unintended” in the sentencing which sends someone accused of selling five grams of crack to prison for five years while the same term is given to someone convicted of selling 500 grams of powder cocaine.
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READ EDITORIAL
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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House Crack Cocaine Legislation
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A comparison of the current law against three House Bills introduced to reform sentencing policy on crack cocaine. One of these bills lowers the quantities for powder cocaine that trigger mandatory minimum sentences, making them equal to the current quantities of crack cocaine. Another bill effectively equalize the trigger quantities for crack and powder cocaine by raising the triggers for crack cocaine, while the third bill eliminates mandatory minimums for any cocaine offense. 1 page
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A comparison of the current law against three House Bills introduced to reform sentencing policy on crack cocaine. One of these bills lowers the quantities for powder cocaine that trigger mandatory minimum sentences, making them equal to the current quantities of crack cocaine. Another bill effectively equalize the trigger quantities for crack and powder cocaine by raising the triggers for crack cocaine, while the third bill eliminates mandatory minimums for any cocaine offense. 1 page
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VIEW PDF
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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Two Judges Target Cocaine Penalties: Disparity for Crack Crimes Criticized
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“Federal judges are beginning to equalize punishment for crack and powder cocaine crimes, resulting in shorter prison terms for crack dealers and putting pressure on Congress to address a wide disparity in how the legal system handles cocaine-related offenses. In two recent rulings and interviews, a federal judge in the District and one in Iowa said they had policy differences with Congress and a judicial commission that they said did not go far enough to change the guidelines for crack sentences in 2007.”
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“Federal judges are beginning to equalize punishment for crack and powder cocaine crimes, resulting in shorter prison terms for crack dealers and putting pressure on Congress to address a wide disparity in how the legal system handles cocaine-related offenses. In two recent rulings and interviews, a federal judge in the District and one in Iowa said they had policy differences with Congress and a judicial commission that they said did not go far enough to change the guidelines for crack sentences in 2007.”
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READ ARTICLE
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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Support for crack cocaine sentencing reform signals more rational approach to public safety
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On the heels of participating in an historic event hosted by the Congressional Black Caucus, a Symposium on the 25th Anniversary of the Sentencing Reform Act where Supreme Court Justice Stephen Breyer and Attorney General Eric Holder addressed a standing-room only crowd, Marc Mauer, executive director of The Sentencing Project, submitted commentary on Holder's support for eliminating the federal crack cocaine sentencing disparity. In the University of Pittsburgh School of Law's blog, Jurist, Mauer states that Holder's ongoing, public endorsement “was the most high-profile indication of the Administration's support for fundamental change in this shameful 23-year-old policy, and an indication that a change in these policies may finally be possible.”
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On the heels of participating in an historic event hosted by the Congressional Black Caucus, a Symposium on the 25th Anniversary of the Sentencing Reform Act where Supreme Court Justice Stephen Breyer and Attorney General Eric Holder addressed a standing-room only crowd, Marc Mauer, executive director of The Sentencing Project, submitted commentary on Holder's support for eliminating the federal crack cocaine sentencing disparity. In the University of Pittsburgh School of Law's blog, Jurist, Mauer states that Holder's ongoing, public endorsement “was the most high-profile indication of the Administration's support for fundamental change in this shameful 23-year-old policy, and an indication that a change in these policies may finally be possible.”
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READ COMMENTARY
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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Attorney general wants review of cocaine sentences
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During a panel discussion featuring Supreme Court Justice Stephen Breyer and Attorney General Eric Holder, yesterday, Holder continued to support the administration's stance on eliminating the gap in prison sentences for crack and powder cocaine offenses.
"One thing is very clear: We must review our federal cocaine sentencing policy," Holder said during the Congressional Black Caucus “Rethinking Federal Sentencing Policies” panel that also featured The Sentencing Project's Executive Director, Marc Mauer, and a host of other criminal justice reform experts.
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During a panel discussion featuring Supreme Court Justice Stephen Breyer and Attorney General Eric Holder, yesterday, Holder continued to support the administration's stance on eliminating the gap in prison sentences for crack and powder cocaine offenses.
"One thing is very clear: We must review our federal cocaine sentencing policy," Holder said during the Congressional Black Caucus “Rethinking Federal Sentencing Policies” panel that also featured The Sentencing Project's Executive Director, Marc Mauer, and a host of other criminal justice reform experts.
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READ ARTICLE
READ THE ATTORNEY GENERAL'S COMMENTS
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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Moving with “Dispatch” to Crack the Disparity
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Before a Senate Judiciary Committee Congressional Oversight meeting, Attorney General Eric Holder said, while being questioned, that it was his hope that Congress move with "dispatch" to eliminate the crack cocaine sentencing disparity this year. The ACLU published a blog following the meeting.
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Before a Senate Judiciary Committee Congressional Oversight meeting, Attorney General Eric Holder said, while being questioned, that it was his hope that Congress move with "dispatch" to eliminate the crack cocaine sentencing disparity this year. The ACLU published a blog following the meeting.
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READ BLOG
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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21,000 petitions delivered to Congress in hopes to end to the crack cocaine sentencing disparity
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In April 2009, more than 21,000 ColorOfChange.org members signed a petition urging members of Congress to end the disparity in sentencing for crack and powder cocaine. A month later, the same day that Congress held a hearing about changing the law, the Crack the Disparity Coalition delivered those petitions to the chairs of the House and Senate Judiciary Committees which was chronicled by ColorofChange.org
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In April 2009, more than 21,000 ColorOfChange.org members signed a petition urging members of Congress to end the disparity in sentencing for crack and powder cocaine. A month later, the same day that Congress held a hearing about changing the law, the Crack the Disparity Coalition delivered those petitions to the chairs of the House and Senate Judiciary Committees which was chronicled by ColorofChange.org
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VIEW COVERAGE
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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Florence woman seeks to ‘crack disparity’
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On April 28th people from around the country came to DC to talk to their representatives in Congress about the unfair sentencing disparity between crack and powder cocaine. Among them was Tracy Wardy of Florence, South Carolina, who became an activist after her cousin, former Lake City police officer Shanita McKnight, was arrested and charged with a drug offense.
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On April 28th people from around the country came to DC to talk to their representatives in Congress about the unfair sentencing disparity between crack and powder cocaine. Among them was Tracy Wardy of Florence, South Carolina, who became an activist after her cousin, former Lake City police officer Shanita McKnight, was arrested and charged with a drug offense.
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The 1986 law that created the cocaine sentencing disparity intended to make sure that those involved in high level trafficking were dealt with appropriately. The result of the 100:1 ratio, however, has been to harshly punish low-level street vendors and users, who have little knowledge of the high-end operations involved with trafficking the drug.
Wardy raises concerns about the effectiveness of this decades-old law.
“It's catching addicts and they don't know who they are selling drugs for, they don't have any information to trade with the government,” she said. “They aren't bringing the drugs in. You can put a man on the moon, but you can't figure out who's bring drugs into the U.S.?”
READ ARTICLE
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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Willie Aikens Fights to Reverse Disparity in Cocaine Laws
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“Cocaine cost Willie Mays Aikens his Major League Baseball career and his life savings, but the former slugger says it shouldn't have cost him 14 years of his life. Aikens, who spent almost a decade and a half in a federal prison on drug charges, will tell a congressional panel on Wednesday that the disparity in sentencing for crack and powder cocaine erodes trust in the justice system, ruins lives and destroys families.
‘When I was in prison I got a chance to know a lot of good people, and I know that if those people were given a chance to be out on the street and be with their families again, they will not go to prison again,' Aikens said yesterday during a conference call with reporters organized by the Crack the Disparity Coalition, a network of religious, criminal justice and civil rights groups dedicated to sentencing reform.”
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“Cocaine cost Willie Mays Aikens his Major League Baseball career and his life savings, but the former slugger says it shouldn't have cost him 14 years of his life. Aikens, who spent almost a decade and a half in a federal prison on drug charges, will tell a congressional panel on Wednesday that the disparity in sentencing for crack and powder cocaine erodes trust in the justice system, ruins lives and destroys families.
‘When I was in prison I got a chance to know a lot of good people, and I know that if those people were given a chance to be out on the street and be with their families again, they will not go to prison again,' Aikens said yesterday during a conference call with reporters organized by the Crack the Disparity Coalition, a network of religious, criminal justice and civil rights groups dedicated to sentencing reform.”
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READ ARTICLE
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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