Race and class penalties in crack cocaine sentencing by michael coyle overview after a decade of contentious debate regarding the federal sentencing disparities between crack cocaine and powder cocaine, a number of significant initiatives to reform current policy. Jun 11, 2016 in the mid 80s, congress passed the antidrug abuse act of 1986. A 2010 federal law rectified some, though not all, of the sentencing disparities. Obama needs to fix the crack cocaine sentencing gap. Cracking the racial disparity for cocaine sentencing. The sentencing disparity for dealing crack and powder cocaine was 100 to 1. Crack and cocaine powder sentencing disparities essay example.
Written statement submitted by carol chodroff, us advocacy director, to the house judiciary committee, subcommittee on crime. Racial, ethnic, and gender disparities in federal sentencing today a. In the mid 80s, congress passed the antidrug abuse act of 1986. One would think, based on the sentencing laws, that crack cocaine is a very different drug than powder cocaineand much worse.
Regardless of changes in the federal law, a charge of crack or powder cocaine is a very serious charge. Cocaine is a hydrochloride salt in its powdered form, while crack cocaine is derived from powdered cocaine by combining it with water and another substance, usually baking soda sodium bicarbonate. The disparity between crack and powder cocaine sentencing has been the most notorious example of profound racial bias baked into our superficially neutral criminal laws. Before this law was passed, the united states had a 100to1 cracktopowder cocaine sentencing disparity. Some 2020 democratic candidate argue that the sentencing disparity between crack cocaine and powder cocaine, which now sits at 18to1, should be eliminated entirely.
The obama administration joined a federal judge wednesday in urging congress to end a racial disparity by equalizing prison sentences for dealing and using crack versus powdered cocaine. May 18, 20 in 2010 congress recognized the massive racial disparity between mandatory minimum sentences for crack cocaine offenses and cocaine offenses and reduced the ratio from 100. Law reduces inequity in cocaine, crack sentencing the. People of color experience discrimination at every stage of the criminal justice system. For example, the possession of 2 ounces of crack cocaine carried a 10 year mandatory minimum jail sentence compared to 179 ounces of powder cocaine for the same penalty. Congress narrows disparity between sentences for crack vs. Since then the federal bureau of prisons began to have budget and overcrowding problems. Whereas, proposals to remove the federal mandatory minimums for crack and powder cocaine, and to otherwise eliminate the disparity for crack and powder cocaine by sentencing crack in the same manner that powder cocaine is currently sentenced, would threaten efforts to investigate and prosecute significant and violent drug offenders that deal. C 841 treats one gram of crack cocaine as equivalent to 100 grams of powder cocaine.
Because crack and powder cocaine are two forms of the same drug, there should not be any disparity in sentencing between crack and powder cocaine offenses the only truly fair ratio is 1. Eliminate sentencing disparities for crack cocaine. Crack powder sentencing disparity reduced by congress. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a. Spohn 20 examined racial disparities in sentences from drugtrafficking cases in three us district courts and found that, compared to white. Before this law was passed, the united states had a 100to1 crack topowder cocaine sentencing disparity. Cracking the racial disparity for cocaine sentencing center on. Congress acts to reduce inequity in cocaine sentencing law addresses racial disparity in terms for crack. Congress is considering a bill to change drug laws that punish crack cocaine violations more severely than those for powder cocaine. Powder cocaine use is more evenly spread among ethnic backgrounds, and more white americans have tried powder cocaine than black americans.
Basically, for sentencing purposes in the federal system, the relevant statute 21 u. Jul 29, 20 the disparity between crack and powder cocaine sentencing has been the most notorious example of profound racial bias baked into our superficially neutral criminal laws. The drug war drives racial disparities in the criminal justice system misguided drug laws and draconian sentencing have produced profoundly unequal outcomes for communities of color. President obama signed the new sentencing law on august 3, 2010. And states crack cocaine laws are not the culprits. Crack cocaine became prevalent in the mid1980s and received massive media attention due in part to its exponential growth in the drug market. How an early biden crime bill created the sentencing disparity for.
Regardless of changes in the federal law, a charge of crack or powder cocaine. The nations lawmakers took a step in that direction nine years ago when they passed the fair sentencing act, which reduced the disparity between powder cocaine and crack from 100 to 1 to 18 to 1. Jan 30, 2020 this legislation enacted an astounding 100to1 disparity in crack vs. Aug 03, 2010 data show racial disparity in crack sentencing congress passed the fair sentencing act to make punishments for crack and cocaine more equal.
How an early biden crime bill created the sentencing. That resulted in a disparity with powder of about 18 to 1. This legislation enacted an astounding 100to1 disparity in crack vs. The us sentencing commission provided this analogy in 1997 to support equalizing penalties for crack and powder cocaine. After cocaine and baking soda are combined, the mixture is boiled, and a solid forms. Support for reducing the disparity with powder cocaine offenders increased with reports beginning in 2002 by the u. The sentencing project cracked justice crack cocaine. Obama seeks crack cocaine sentence changes politics. Moreover, the significant racial disparity in federal prisons will continue. What is the chemical difference between crack cocaine and powder cocaine. Download 32page term paper on sentencing disparities between crack cocaine vs. October 08, 20 criminal law and criminology 4 comments 3 min read.
Aug 03, 2010 obama signs bill reducing cocaine sentencing gap. Racial double standard hardwired into how we deal with drugs. After a decade of contentious debate regarding the federal sentencing disparities between crack cocaine and powder cocaine, a number of significant initiatives to reform current. Similarly, those carrying ten grams of crack cocaine faced a. We wrote this paper to inform the public and congress about the disparities in the sentencing laws between crack and powder cocaine, which continue to have profound legal and social. So, the federal law still imposes a different and harsher sentence for crack cocaine possession than it does for powder cocaine possession, but the disparity is not nearly as great as under the 1986 act. Data show racial disparity in crack sentencing congress passed the fair sentencing act to make punishments for crack and cocaine more equal. Another difference between crack and cocaine relates to the high produced.
Chief among these is the racial outcome of the sentencing disparity. At the time, possession of crack cocaine resulted in penalties 100 times higher than possession of an equal amount of the powdered form. The new form of cocaine was called crack, and by the summer of 1986 it. Crack and cocaine also differ in the manner in which they are used. Powder cocaine after a decade of contentious debate regarding the federal sentencing disparities between crack cocaine and powder cocaine, a number of significant initiatives to reform current policy have recently emerged. Cocaine is generally found in white powder form, and crack is found in a rock form that is generally white, cream, tan, or light brown. Yet harsher crack cocaine sentencing laws have resulted in troubling racial disparities. Sentencing commission concluded that the disparity created a racial imbalance in federal prisons and led to more severe sentences for lowlevel crack dealers than for wholesale suppliers of powder cocaine. Cocaine is typically snorted, and crack is typically smoked. Federal crack cocaine sentencing the sentencing project. President obama narrows racial gap in drug sentencing. Fair sentencing act american civil liberties union. Download page term paper on disparity in sentencing for crack vs.
Supreme court examines disparity in crack and powder. Heroin project found that racial disparities rooted in the 1980s campaign against crack cocaine still persist today despite more compassionate rhetoric about the opioid crisis. The usscs crack guideline amendment is made retroactive, reducing sentences. Most importantly, the bill he signed on tuesday will eliminate the fiveyear mandatory minimum for firsttime possession of crack that compelled judges to send so many blacks to prison.
Because crack cocaine offenders tended to be black and powder. The punishment difference between crack cocaine and powder cocaine exposes an unjust feature in the american justice system, a system that was built to be the epitome of justice. Crackpowder sentencing disparity reduced by congress. This briefing paper provides background on the cocaine sentencing debate, explores the racial impact of the crack sentencing disparity, and clarifies the misperceptions regarding crack addiction. Crack is cheaper, so its found in low income communities more than pure powder cocaine. Since the law went into effect, the ratio dropped to 18to1. The 1986 law created a 100 to 1 disparity between the sentencing guidelines for crack and powder cocaine. Activists argue that the current rules are too harsh. To read the briefing paper, download the pdf below. The sentencing disparities between crack and cocaine attn.
The general assembly eliminated the sentencing disparity between crack cocaine and powder cocaine by increasing the trigger quantity for crack cocaine to onehalf ounce approximately 14. Crack, which emerged in the mid1980s, had been deemed. When he signed into law the bill that reduces the disparity in penalties for crack and powder cocaine offenses, president barack obama narrowed the racial gap in drug sentencing tuesday by some. In august 2010 president barack obama signed the fair sentencing act fsa, historic legislation that reduced the quantitybased sentencing differential between federal crack and powder cocaine convictions that resulted in significant racial disparities and excessive penalties. Crack and cocaine may be nearly identical on a molecular level, but people who are charged with possession of just 1 gram of crack. Crack and cocaine powder sentencing disparities essay. For example, possession of just 5 grams of crack cocaine about a thimble full triggers a five year mandatory minimum sentence. The house, by voice vote, approved a bill reducing the disparities between mandatory crack and powder cocaine sentences, sending the measure to. Sentencing commissions adjustment to the crack cocaine sentencing guidelines. In 2008, willie mays aikens made headlines when a federal judge reduced his lengthy prison term to 14 years as a result of the u. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a minimum 5year federal prisonsentence, while distribution of 500 grams of powder cocaine carries the same 5year mandatory minimum sentence. The measure changes a 1986 law, enacted at a time when crack cocaine use was rampant and considered a particularly violent drug, under which a person convicted of crack cocaine possession gets the. The drugsentencing bill attracted little notice in washington, compared. Disparity, discrimination, and adverse impacts fair sentencing is individualized sentencing.
Cracking the racial disparity for cocaine sentencing center. Compared to whites, racial minorities were at low risk for powder cocaine. Unwarranted disparity is defined as different treatment of individual offenders who are similar in relevant ways, or similar treatment of individual. Feb 19, 2015 in light of the current sentencing disparity18. People of color experience discrimination at every stage of the criminal justice system and are more likely to be stopped, searched, arrested, convicted, harshly. Jul 28, 2019 how an early biden crime bill created the sentencing disparity for crack and cocaine trafficking. In a yearlong investigation, the asbury park press and the usa today network examined hundreds of thousands of arrest records and federal drug convictions. Because crack cocaine offenders tended to be black and powder cocaine offenders tended to be white, critics of the law denounced it as racially biased in hindsight. How an early biden crime bill created the sentencing disparity for crack and cocaine trafficking. The stark difference in federal sentencing laws for possession of the two. Under the 2010 law, the amount of crack that triggers the fiveyear minimum is 28 grams of crack or 500 grams of powder, and, for the tenyear minimum, 280 grams of crack and 5,000 of powder. This disparity between crack and powder cocaine was driven by fear.
In 2010 congress recognized the massive racial disparity between mandatory minimum sentences for crack cocaine offenses and cocaine offenses and reduced the ratio from 100. Sentencing guidelines, discusses how approaches of other. Only states employ differing sentencing guidelines for crack vs. Compared to whites, racial minorities were at low risk for powder cocaine use, and hispanics were at low risk for crack use. Dmichigan, recently contended that the new law will reduce sentencing disparity between crack and powder cocaine from 100to1 to 18to1. Congress addressed a historic wrong on wednesday afternoon, replacing it instead with a slightly lesser wrong, when the house voted to reduce the disparity in the sentencing of people caught with crack cocaine versus powder cocaine. Falsely treating crack cocaine as 50 times more addictive than powder cocaine, as congress did more than in creating the 100toone quantity ratio, has implications beyond that of mere unfair sentencing. But its not a perfect resolution because it only reduces the current disparity in sentencing between crack and powder cocaine from 100. Examining racial differences is of particular importance given that not only are blacks historically and commonly thought to be at higher risk for crack use, but federal statistics also show that blacks experience higher rates of drugrelated arrest rates and may be particularly susceptible to crackpowder cocaine sentencing disparities blumstein, 2003. By equalizing sentencing, sb1010 promotes racial equality, a nonnegotiable component of a fair and just society.
Federal sentencing disparity, 20052012, examines patterns of federal sentencing disparity among white and black offenders, by sentence received, and looks at judicial variation in sentencing since booker vs. By equalizing probation eligibility for cocaine offenses, sb1010 recognizes drug abuse as a health issue, an essential step in reducing reoffending. For sentencing purposes, the law stipulated that one gram of crack cocaine be treated as equivalent to 100 grams of powder cocaine. The explosive popularity of crack cocaine was associated with its cheap price, which for the first time made cocaine available to a wider economic class.
The drug war has produced profoundly unequal outcomes across racial groups, manifested through racial discrimination by law enforcement and disproportionate drug war misery suffered by communities of color. At the time, possession of crack cocaine resulted in penalties 100 times higher than possession of. Data show racial disparity in crack sentencing us news. Racial minorities were at low risk for powder cocaine use, but hispanics were at low risk to use crack. With a set of mandatory minimum sentencing laws passed in 1986, congress for the first time distinguished between crack and powder cocaine. Racial disparities and fiscal consequences of americas drug laws abstract in 1986, the united states government attempted to combat the perceived war on drugs by enacting mandatory drug laws, with a primary focus on incarcerating crack offenders. Crack and cocaine powder sentencing disparities essay sample. Working toward social justice in federal cocaine sentencing. But in reality, according to experts, crack cocaine and powder cocaine are essentially identical. In unfair system, millions of blacks have been arrested, while compassion was urged for whites. What is the chemical difference between crack cocaine and powder cocaine that.