IT'S NOT FAIR. IT'S NOT WORKING.


 

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.

Crack Reform News
August 17, 2010 (AOL News)
Why Obama Should Take on Prison Reform

"The Obama administration has the perfect opportunity to move forward on prison reform," writes Craig Welkener of the Justice Fellowship on AOL News. "Economic pressures are making over-criminalization fiscally unfeasible, and research-driven solutions are available. Moral issues like prison rape are crystal clear. President Obama can credibly use the bully pulpit to point out what the American criminal justice system must learn: Compassion is not the enemy of public safety."


August 16, 2010 (The Sentencing Project)
Crack Cocaine Sentencing Changes Should Apply Retroactively

In a letter to the U.S. Sentencing Commission, The Sentencing Project urged that the Sentencing Guideline changes mandated under the Fair Sentencing Act -- reducing the sentencing disparity between crack and powder cocaine to 18 to 1-- apply to persons arrested and sentenced prior to the law’s enactment on August 3, 2010. Although the new law is silent on retroactive application of the new sentencing structure, the Commission does have the authority to apply its changes to the Sentencing Guidelines retroactively. The Commission cannot make changes to the statutorily set mandatory minimums retroactive.


August 3, 2010 (Various)
Fair Sentencing Act Signed by President Obama

After 20 years of advocacy from families, individuals and organizations including The Sentencing Project and the Crack the Disparity Coalition, the Fair Sentencing Act of 2010 was signed by President Obama August 3, 2010. The Fair Sentencing Act of 2010 raises the minimum quantity of crack cocaine that triggers a 5-year mandatory minimum from 5 grams to 28 grams, and from 50 grams to 280 grams to trigger a 10-year mandatory minimum sentence. The amount of powder cocaine required to trigger the 5 and 10-year mandatory minimums remains the same, at 500 grams and 5 kilograms, respectively. The legislation also eliminates the mandatory minimum for simple possession of crack cocaine. The quantity disparity between crack and powder cocaine has moved from 100 to 1 to 18 to 1.

Read the news clips below that highlight the historic legislation change.


July 25, 2010 (New York Times)
The House Should Listen and Learn

"A 'tough on crime' federal law that requires harsher prison terms for people arrested with crack cocaine than with the powered version of the drug is scientifically indefensible and hugely unfair," states a New York Times editorial. "A bill that reduces this onerous sentencing disparity has passed the Senate easily. The House, which has been vacillating over whether or not to schedule a vote on the Senate bill, needs to show the same good sense"


July 21, 2010
Tell Congress to Vote Yes for Crack Cocaine Sentencing Reform

This week the House of Representatives may vote on legislation, recently passed by the Senate, to reduce the 100 to 1 sentencing disparity between crack and powder cocaine to 18 to 1.  The Fair Sentencing Act of 2010, S. 1789, would also eliminate the simple possession mandatory minimum (5 years for 5 grams without intent to distribute), limit the excessive penalties served by people convicted of low-level crack cocaine offenses, and increase penalties for high-level traffickers. The U.S. Sentencing Commission estimates the changes could reduce the federal prison population by 3,800 over 10 years.

Champions for sentencing fairness are urged to contact their representative in the House today to ask them to vote yes for the Fair Sentencing Act. Call the U.S. Capitol Switch Board at 202-224-3121 and ask for your representative. They will patch you through to the correct office.