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
February 11, 2010 (USA Today)
Woman asks Obama to cut 27-year term for crack

"A woman serving a 27-year prison term for a crack cocaine conspiracy is asking President Obama to use his power of forgiveness for the first time since taking office to commute her sentence," USA Today reports."Two federal judges have called the prison term for Hamedah Hasan, formerly known as Stephanie Lomax, excessive and would have imposed a 12-year sentence. But they were hemmed in by federal law that punishes crack crimes more heavily than those involving powder cocaine."

The article continues, "Now Hasan and a group that includes civil rights advocates and law professors say Obama should use the president's power, enshrined in the Constitution, to shorten her sentence and address the disparity in prison terms for crack and powder cocaine."


December 2, 2009
Today is National Call-in Day to Eliminate the Cocaine Disparity: Help Pass Legislation This Year

For the first time, crack cocaine sentencing reform legislation received a favorable vote in Congress when the House Judiciary Committee in July approved the Fairness in Cocaine Sentencing Act of 2009, H.R. 3245. To move the bill forward we need a vote on the bill by the entire House of Representatives. Now is the time for advocates to contact their Representative to ask for support and co-sponsorship of H.R. 3245. Call the U.S. Capitol today at (202) 224-3121 and ask to speak to your Representative.

The prospects for sentencing reform are the best advocates have seen since Congress passed this controversial law 23 years ago. Change cannot happen, however, without your support and continued pressure on members of Congress. Please use these talking points to tell your Representative to take action.


November 19, 2009 (Crack the Disparity Coalition)
Crack the Disparity Coalition Publishes Fall Edition of Quarterly Newsletter

The Crack the Disparity Coalition has published the fall edition of its quarterly newsletter. Offering insight and updates on the push toward legislative reform of the crack cocaine sentencing disparity, articles in this edition highlight the upcoming Dec. 2 call-in day, review legislation introduced in the House and Senate, and feature advocacy efforts and support from the Administration and conservatives.


This newsletter is designed to keep advocates updated on news and events related to eliminating the crack cocaine disparity and the harsh mandatory minimums for low-level crack cocaine offenses. It can be accessed at www.crackthedisparity.com where additional advocacy resources and information can be found.


November 12, 2009 (Wall Street Journal)
U.S. Commission to Assess Mandatory Sentences

"Congress has ordered the panel that advises judges on prison terms to conduct a review of mandatory-minimum sentences, a move that could lead to a dramatic rethinking of how the U.S. incarcerates its criminals," the Wall Street Journal reported.

"The review is a little-noticed element of the National Defense Authorization Act signed into law last month by President Barack Obama. The defense-spending bill calls on the commission to perform several tasks, including an examination of the impact of mandatory-minimum sentencing laws and alternatives to the practice."


October 16, 2009 (Washington Post)
Senate Bill to Eliminate Cocaine Sentencing Disparity Introduced

In an effort to address the sentencing unfairness first enacted by Congress 23 years ago this month, Senator Richard Durbin (D-IL) today introduced legislation that would eliminate the crack cocaine sentencing disparity and refocus federal law enforcement on the pursuit and prosecution of drug kingpins.