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| Crack Cocaine Sentencing Reform
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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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Video: People Impacted by Unfair Sentencing Speak Out
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The ACLU has compiled footage from a press conference held in February in which people impacted by the crack cocaine sentencing law spoke about the harm caused by the harsh mandatory minimums for crack cocaine, and why Congress should advance reform. Reps. Sheila Jackson Lee (D-TX), Chris Shays (R-CT) and Robert “Bobby” Scott (D-VA), in addition to several impacted people like Michael Short who was released this year after serving 15 years of a 19-year sentence after a presidential commutation, express their views on the 100-to-1 crack cocaine disparity and the need for immediate reform.
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The ACLU has compiled footage from a press conference held in February in which people impacted by the crack cocaine sentencing law spoke about the harm caused by the harsh mandatory minimums for crack cocaine, and why Congress should advance reform. Reps. Sheila Jackson Lee (D-TX), Chris Shays (R-CT) and Robert “Bobby” Scott (D-VA), in addition to several impacted people like Michael Short who was released this year after serving 15 years of a 19-year sentence after a presidential commutation, express their views on the 100-to-1 crack cocaine disparity and the need for immediate reform.
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VIEW VIDEO
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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Bill Clinton Admits 'Regret' on Crack Cocaine Sentencing
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In a keynote address last week, Bill Clinton gave an unexpected apology for his involvement in what has turned into the national symbol of racial disparity and unfairness in the U.S. justice system, federal sentencing policy for crack cocaine offenses. "I regret more than I can say that we didn't do more on it," Clinton said. "I'm prepared to spend a significant portion of whatever life I've got left on the earth trying to fix this because I think it's a cancer." USA Today columnist DeWayne Wickham asked Clinton if he regretted not eliminating the sentencing disparity because of the imbalanced impact it has had on black communities. Clinton's response, according to USA Today, was that it was "politically impossible" to get the reduction he sought through Congress, and added that the 1986 guidelines were a mistake that have taken a heavy toll on blacks.
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In a keynote address last week, Bill Clinton gave an unexpected apology for his involvement in what has turned into the national symbol of racial disparity and unfairness in the U.S. justice system, federal sentencing policy for crack cocaine offenses. "I regret more than I can say that we didn't do more on it," Clinton said. "I'm prepared to spend a significant portion of whatever life I've got left on the earth trying to fix this because I think it's a cancer." USA Today columnist DeWayne Wickham asked Clinton if he regretted not eliminating the sentencing disparity because of the imbalanced impact it has had on black communities. Clinton's response, according to USA Today, was that it was "politically impossible" to get the reduction he sought through Congress, and added that the 1986 guidelines were a mistake that have taken a heavy toll on blacks.
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READ USA TODAY READ HUFFINGTON POST VIEW CRACK REFORM PAGE
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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U.S. Sentencing Commission Decision Takes Effect Today
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Three months after the U.S. Sentencing Commission voted unanimously to apply adjustments to the sentencing guidelines for crack cocaine offenses retroactively, sentencing reductions for eligible prisoners begin today. The Commission estimates that 19,500 persons in prison are eligible to apply for a sentence reduction expected to average just over two years. Releases are subject to judicial review and will be staggered over 30 years.
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Three months after the U.S. Sentencing Commission voted unanimously to apply adjustments to the sentencing guidelines for crack cocaine offenses retroactively, sentencing reductions for eligible prisoners begin today. The Commission estimates that 19,500 persons in prison are eligible to apply for a sentence reduction expected to average just over two years. Releases are subject to judicial review and will be staggered over 30 years.
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The bipartisan Commission voted 7-0 to make its guideline adjustment for crack cocaine offenses retroactive in December, after holding a hearing and receiving public comment from over 30,000 individuals and organizations supportive of reform. The decision came after the Commission's amendment to decrease the guideline sentences for crack cocaine offenses went unchallenged by Congress and took effect November 1, 2007.
While the sentencing guideline adjustments provided some relief from excessive penalties for those convicted of crack cocaine offenses, the Commission noted that the changes were “only a partial step in mitigating the unwarranted sentencing disparity that exists between Federal powder and crack cocaine defendants….” Legislative reform approved by Congress is necessary to eliminate the mandatory minimum sentences that created the 100 to 1 sentencing quantity disparity between crack and powder cocaine.
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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People Impacted by Crack Sentencing Laws Speak Out, Lobby for Reform
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Fifty community leaders from around the country descended on Washington on Tuesday to call for reform of crack cocaine sentencing laws before the House Judiciary's Subcommittee on Crime, Terrorism and Homeland Security and urge their representatives in Congress to push through reform legislation this year.
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Fifty community leaders from around the country descended on Washington on Tuesday to call for reform of crack cocaine sentencing laws before the House Judiciary's Subcommittee on Crime, Terrorism and Homeland Security and urge their representatives in Congress to push through reform legislation this year.
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At a press conference held this morning in the Rayburn House Office building, the leaders were joined by advocacy organizations and individuals and family members directly impacted by the laws that have caused an unwarranted racial disparity in the nation's prisons.
“I'm human and I made a mistake. It didn't take me 15 years” to realize a mistake was made, said Michael Short, who was released earlier this month after receiving a commutation from President George W. Bush. At age 21, Short was sentenced to 19 years for selling 63 grams of crack valued at $2500 in 1992. He served 15 years before being released. He said he deserved to go to prison but not for 19 years. “I'm human. I have been affected by this. I have feelings.”
Wearing red and white “CRACK THE DISPARITY” buttons, leaders and other attendees seemed hopeful and anxious to hear support from participating legislators including Reps. Christopher Shays (R-CT), Bobby Scott (D-VA), Sheila Jackson Lee (D-TX), and a representative of Sen. Joseph Biden (D-CT), Nancy Libin. Each of the representatives have introduced or co-sponsored crack cocaine sentencing reform legislation including the Fairness in Cocaine Sentencing Act of 2008 and the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007.
“We have allowed this crack cocaine disparity to just sit along the wayside,” Congresswoman Jackson Lee said to the crowd of community leaders before the press conference began. “It is a shame [this issue] has fallen upon deaf ears. My bill is simple. It characterizes the issue of fairness in all.”
Also in attendance was Kemba Smith, who at age 24 and seven months pregnant, was sentenced in 1994 to 24.5 years for conspiracy to participate in her boyfriend's drug activities in 1994. She was ultimately granted executive clemency in 2000 by President Bill Clinton after having served six years in prison. She said even though she is a law-abiding, tax-paying citizen, as a formerly incarcerated resident of Virginia, she is banned from voting. She also said even though she's no longer incarcerated she must continue to fight for all the women who still are.
“It's important to me to be that human face,” she said. “It's still important for us to continue pushing the issue” for those serving 20-year or life sentences.
Following the press conference, the House Subcommittee on Crime, Terrorism, and Homeland Security held its “Hearing on Cracked Justice – Addressing the Unfairness in Cocaine Sentencing.” Two panels testified including: Hon. Charles B. Rangel (D-NY); Hon. Shelia Jackson Lee (D-TX); Hon. Roscoe G. Bartlett (R-MD); Hon. Reggie B. Walton Judge, United States District Court for the Dist rict of Columbia; The Honorable Ricardo H. Hinojosa, Chairman United States Sentencing Commission; Gretchen Shappert, U.S. Attorney for the Western District of North Carolina; Joseph I. Cassilly, State's Attorney for Harford County and President-Elect of the National District Attorneys Association; and Michael Nachmanoff, Federal Public Defender for the Eastern District of Virginia.
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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House Committee to Review Unfairness in Crack Cocaine Sentencing
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Excessive federal penalties for low-level crack cocaine offenses will be scrutinized tomorrow during a hearing in the House of Representatives' Judiciary Committee, the same day community leaders from around the country descend on Washington to call for sentencing reform.
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Excessive federal penalties for low-level crack cocaine offenses will be scrutinized tomorrow during a hearing in the House of Representatives' Judiciary Committee, the same day community leaders from around the country descend on Washington to call for sentencing reform.
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“My community has experienced the harm caused by drug abuse,” said Howard Saffold, a former Chicago police officer and participant in the “Crack the Disparity” Lobby Day cosponsored by The Sentencing Project. “We need services to treat people who are addicted to crack cocaine and employment opportunities for the young men who have, for various reasons, chosen to sell it. Excessive prison terms do not address the real problems.”
Saffold and 50 other community leaders from around the country will attend today's hearing before the House Judiciary's Subcommittee on Crime, Terrorism and Homeland Security and urge their representatives in Congress to push through crack cocaine sentencing reform this year.
The Subcommittee will review several bills introduced in the House that reduce the harsh penalties for low-level crack cocaine offenses and eliminate the 100-to-1 quantity based sentencing disparity between crack and powder cocaine.
“Advocates of sentencing fairness are excited that Congress is considering reform,” said Marc Mauer, Executive Director of The Sentencing Project. “Far too many people have been victimized by an unjust sentencing system for 20 years now. The time is long past for Congress to fix this sentencing disparity.”
Under current federal law, possessing just 5 grams of crack cocaine (10 to 50 doses) results in the same five year mandatory minimum prison sentence as selling 500 grams of powder cocaine (2,500 to 5,000 doses). Federal drug sentencing laws were intended to punish major traffickers but the small quantities that trigger mandatory minimum sentences for crack cocaine have primarily entangled street-level sellers, lookouts and couriers. More than 60% of federal crack cocaine defendants have only low-level involvement in drug activity.
Lobby Day participants want Congress to eliminate these harsh mandatory sentences and help reduce the unwarranted racial disparity that the penalties have created. More than 80% of the defendants sentenced for federal crack cocaine offenses are African American, despite the fact that two-thirds of crack users are white or Hispanic. Meanwhile, only 27% of defendants convicted of powder cocaine offenses are African American.
A press conference will also be held Tuesday, February 26, at 10:00 A.M. in Room B381 of the Rayburn House Office Building where people impacted by the crack cocaine sentencing law will speak about the harm caused by the harsh mandatory minimums for crack cocaine and why Congress should advance reform.
The “Hearing on Cracked Justice – Addressing the Unfairness in Cocaine Sentencing” before the Subcommittee on Crime, Terrorism, and Homeland Security will be at 2:00 P.M. in Room 2237 of the Rayburn House Office Building.
The “Crack the Disparity” Lobby Day is sponsored by: American Bar Association, American Civil Liberties Union, Break the Chains, Drug Policy Alliance, Families Against Mandatory Minimums, National Association of Criminal Defense Lawyers, Open Society Policy Center, The Sentencing Project and United Methodist Church.
VIEW HEARING FLIER
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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Crack Offenders Set for Release Mostly Nonviolent, Study Says
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Incarcerated individuals eligible for crack cocaine sentence reductions are mostly nonviolent offenders, according to an analysis conducted by the United States Sentencing Commission. The analysis has been circulated on Capitol Hill to counter Bush administration assertions that the guidelines would prompt the release of thousands of dangerous criminals, the Washington Post reported. In response to the Attorney General's false warnings, Rep. Maxine Waters (D-CA) scolded Attorney General Michael Mukasey at a recent hearing by saying: "Nobody's taking the key, unlocking the jails and saying, 'Everybody out.' That does not happen."
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Incarcerated individuals eligible for crack cocaine sentence reductions are mostly nonviolent offenders, according to an analysis conducted by the United States Sentencing Commission. The analysis has been circulated on Capitol Hill to counter Bush administration assertions that the guidelines would prompt the release of thousands of dangerous criminals, the Washington Post reported. In response to the Attorney General's false warnings, Rep. Maxine Waters (D-CA) scolded Attorney General Michael Mukasey at a recent hearing by saying: "Nobody's taking the key, unlocking the jails and saying, 'Everybody out.' That does not happen."
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READ ARTICLE
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Issue Area(s): Sentencing Policy, Racial Disparity, Drug Policy |
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Federal Crack Cocaine Disparity Addressed in Senate Hearing
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Sen. Joseph Biden chaired a Senate Judiciary Committee hearing on the federal crack cocaine disparity in standing-room only quarters which ultimately concluded with a consensus that Congress is “on the road to do something right,” Sen. Jeff Sessions said.
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Sen. Joseph Biden chaired a Senate Judiciary Committee hearing on the federal crack cocaine disparity in standing-room only quarters which ultimately concluded with a consensus that Congress is “on the road to do something right,” Sen. Jeff Sessions said.
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In response to the momentum propelling reform of the crack cocaine sentencing disparity, Sen. Biden, chair of the Judiciary Committee's Subcommittee on Crime and Drugs, called the February 12th hearing to gain a better understanding of the impact of the war on drugs on incarceration, sentencing and recidivism.
Sen. Biden opened up the hearing by pointing the finger – at himself.
“I am part of the problem I've been trying to solve. I'm the guy who trafficked this legislation,” he said. “It was a new ‘epidemic' we were facing. The school of thought was to do everything to dissuade the use of cocaine. Our intentions were good, but the information provided was not.”
He continued saying that the current 100 to 1 sentencing quantity disparity cannot be supported. “I think the disparity is way, way out of line. I'm not convinced any disparity is justifiable. I hope we can work together to permanently fix the disparity.” Sen. Biden's legislation, The Drug Sentencing Reform & Kingpin Trafficking Act of 2007, calls for a 1 to 1 ratio at the powder cocaine level, eliminates mandatory minimum sentencing for simple possession, and establishes grant programs for drug rehabilitation.
Committee co-chair, Sen. Sessions, agreed, saying “we need to do better to create a more legitimate sentencing range.” He, however, has proposed legislation, the Drug Sentencing Reform Act for 2007, calling for a 20 to 1 ratio.
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