The Sentencing Project News - House, Senate Briefings on Federal Crack Sentencing Make Way for Introduction of Reform Legislation

Marking the 23rd anniversary of the Anti-Drug Abuse Act of 1986, the Crack the Disparity Coalition this week held briefings in the U.S. House and Senate on the federal crack cocaine sentencing disparity.

The Senate briefing, televised on CSPAN2, featured a range of panelists who offered personal stories, statistical overviews and suggestions for Congress to once and for all eliminate the federal crack cocaine sentencing disparity.

“As a former (federal) prosecutor, I’m very concerned about public safety, and that concern is the main reason why I support eliminating the disparity between crack and powder because it doesn’t make us any safer,” said Paul Butler, a George Washington University law professor during the event. “It misdirects police and prosecutors away from high-level offenders. The disparity provides incentive to focus on the little guys – the street-level sellers of crack. The best way … is to treat addicts and … focus on the drug kingpins.”

Also included on the panels were: Chris Byrnes, Attorney & Author of the Federalist Society’s "Proposals to Eliminate Sentencing Disparities Between Crack and Powder Cocaine Offenses;” Lisa Rich, Director of Legislative Affairs for the United States Sentencing Commission; Pat Nolan, Vice President of Prison Fellowship; and Lawrence Garrison who was sentenced to 15 years for a first-time, non-violent crack cocaine offense. The briefings were moderated by Hilary Shelton, Director, Washington Bureau & Sr. Vice President for Advocacy & Policy for the NAACP.

Rich stated that the Commission’s 2007 decision to amend the federal crack cocaine sentencing laws resulted in a total of 15,000 granted motions, most of which didn’t result in immediate releases. About 7,000 motions were denied as a result of public safety concerns. More than 6,000 non-violent, low-level offenders have been released, including Garrison.

“I arrived 36 months early,” stated Garrison, who said he and his brother were convicted wrongfully. “African-Americans are devastated by the past 23 years that have destroyed families, communities with harsh crack sentences.”

To advance change members of Congress need to work in a bipartisan effort, said Nolan.

“We need to hold hands and jump in the icy water together,” he said. “It’s important that this is a bipartisan bill. There’s conservative Republicans that are now working to try to change this. They see the combination of the statistics and also see the reality of the lives that are hurt so deeply by this.”

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