Crack was an innercity drug, a streetcorner drug, a drug of gangs and guns that white america largely experienced from a distance. The threshold for crack cocaine in the new law will be 28 grams. Crackpowder sentencing disparity reduced by congress. Assistant majority leader dick durbin dil introduced the fair sentencing act of 2009, a narrowlytailored bill that would eliminate the sentencing disparity between crack and powder cocaine and increase penalties for the worst offenders.
Congress acts to reduce inequity in cocaine sentencing law addresses racial disparity in terms for crack. Supreme court ruled that the reductions in the fair sentencing act applied to at least those cases decided before. 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. A drug that became the target of his drug policies was crack cocaine. Drug use, drug possession arrests, and the question of race. Racial minorities were at low risk for powder cocaine use, but they tended to be at high risk for crack use. 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. 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. Written submission of the american civil liberties union. Introduction no other feature of the federal sentencing guidelines has been viewed more critically than the 100.
The commission also has found that crack cocaine sentences are the single most significant factor contributing to racial disparity in federal sentencing. By equalizing probation eligibility for cocaine offenses, sb1010 recognizes drug abuse as a health issue, an essential step in reducing reoffending. Testimony of marc mauer executive director the sentencing project. However, crack cocaine convictions for possession in 1994 were handed. President obama signed the new sentencing law on august 3, 2010. 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. Thanks, senator durbin senate move to close crack powder cocaine jail disparity lauded by aba npr. Under what is commonly referred to as the 100to1 cocaine sentencing disparity, it takes one hundred times as much powder cocaine as crack cocaine to trigger the federal mandatory minimums. Misguided drug laws and draconian sentencing have produced profoundly unequal outcomes for communities of color. 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. Upon presenting statistical data from a myriad of sources, i will explore the outcome variable of racial disparity as result of the war on drugs.
In the mid 80s, congress passed the antidrug abuse act of 1986. Although statistics indicate that african americans account for only 12 percent of all illegal drug use, they make up 44 percent of all drug arrests. In 2010 congress passed the fair sentencing act, which repealed the mandatory minimum sentence for simple possession and reduced the sentencing disparity 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 crack powder cocaine sentencing disparities. The 1986 law created a 100 to 1 disparity between the sentencing guidelines for crack and powder cocaine. Report to the united nations on racial disparities in the u. Sep 16, 2015 examples such as the sentencing disparity between crack cocaine and powdered cocaine. We see this in the crackcocaine sentencing disparity, the over policing of black communities, the excessive criminal fines and fees imposed on defendants, and a bail system that relies on payment to secure ones freedom. For example, a number of states and the federal government have adopted school zone drug laws that penalize drug offenses that take place within.
Under the law, it took 500 grams of powder cocaine to trigger the same fiveyear mandatory prison sentence as someone caught with just 5 grams of crack cocaine. Examples such as the sentencing disparity between crack cocaine and powdered cocaine. Joining the panel will be hilary shelton from the naacp, pat nolan from prison fellowship, and lisa rich from the ussc. The federal crack cocaine sentencing laws of the 1980s have received significant attention due to their highly disproportionate racial outcomes, but other policies have produced similar effects. Washington, dccriminal justice experts will hold briefings on the crack powder cocaine sentencing disparity for congressional staffers on monday, may 21. With crack s prevalence in many black neighborhoods in the 1980s, the crack penalty hit african americans much harder than white powder cocaine users. The sentencing disparities between crack and cocaine attn. American drug laws make it pretty clear that our legal system thinks crack is extra whack. Crackpowder sentencing disparity reduced by congress huffpost.
House republicans and democrats are in agreement that u. For instance, there are federal guidelines ensuring that people who get caught with crack are sentenced more harshly than those who are caught with powder cocaine. That about sums up the racial disparity crisis between cocaine and crack. 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.
According to a report published by the sentencing project about 23 of crack cocaine users are white or hispanic. Analysis of racial sentencing disparities reading the world. Now, the ten year sentence is triggered by 280 grams of crack instead of 50. 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 cracks in the system. Proposals to eliminate sentencing disparities between crack. In a yearlong investigation, the asbury park press and the usa today network examined hundreds of thousands of arrest records and federal drug convictions. Jul 01, 2014 at the time, possession of crack cocaine resulted in penalties 100 times higher than possession of an equal amount of the powdered form. As a means to better understand the racial disparities that exist within the criminal justice system, i draw upon several key theorists to lay foundation for the discussion contained herein. The first step act would make the reform retroactive. 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. 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.
Fair sentencing act american civil liberties union. Crack cocaine became prevalent in the mid1980s and received massive media attention due in part to its exponential growth in the drug market. Powder disparity the data tell us that it is time to restore the balance i. On august 3, 2010, president obama signed into law historic legislation that reduces the twodecadesold sentencing disparity between federal crack and powder cocaine offenses. Some historians challenge the idea that white conservatives were solely to blame for the laws that sent countless black men to prison. The drug war drives racial disparities in the criminal justice system. Crack and cocaine powder sentencing disparities essay example. Data show racial disparity in crack sentencing us news. Cocaine is typically snorted, and crack is typically smoked. This percentage was so appalling that the chairman of the judiciary committee, senator patrick leahy, has regarded the crackcocaine disparity as one of the most notorious symbols of racial discrimination in our modern criminal justice system. That resulted in a disparity with powder of about 18 to 1. Thats the year congress, in the socalled fair sentencing act, reduced the huge disparity in punishment between crack cocaine and the powdered form of the drug.
Terms for crack cocaine reduced, freeing prisoners the new. May 25, 2011 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. The amount of powder cocaine necessary to trigger the sentence is still five kilos. 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. They will discuss the united states sentencing commissions ussc may 2007 guideline amendment and report to congress. Mar 22, 2010 aclu washington legislative office said the new legislation would help to end racial disparity but the overall framework around drug sentencing policies still need to be addressed. People of color experience discrimination at every stage of the criminal justice system and are more likely to be stopped, searched, arrested, convicted, harshly. Disparity related to crime history of crack douglas berman, law professor at ohio state university, talks with michele norris about how the disparity in sentencing minimums between crack and. Congress acts to reduce disparity drug war chronicle.
This is often what people are referring to when they mention drug related sentencing disparities. The authors wish to thank the racial disparity project for sharing data and for making this project possible. Law reduces inequity in cocaine, crack sentencing the. Congress reduced the disparity between powder cocaine and crack from 100 to 1 to 18 to 1 in 2010, but experts say that ratio has no basis in science and the network found it perpetuates the double standard for people convicted of crack offenses in the federal court system, who are overwhelmingly black. The sentencing project urges 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 laws enactment on august 3, 2010. Chief among these is the racial outcome of the sentencing disparity. Federal crack cocaine sentencing the sentencing project.
Crack cocaine, race, and the war on drugs legal definition. Sentences for federal drug crimes are based on the quantity of the drugs involved, not the individuals role in the crime. 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. Racial impact of crack sentencing government data demonstrate that drug use rates are similar among all racial and ethnic groups. Feb 19, 2015 in their analysis, now in the online edition of drug and alcohol dependence, crack users were at higher risk than powder cocaine users for reporting a lifetime arrest or multiple recent arrests. This racial disparity has drawn the attention of policy makers, politicians, and the courts. However, none have a quantity ratio as large as the 100. To read the briefing paper, download the pdf below. 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. Powder cocaine, the more expensive version of the drug, found. Flood, like tens of thousands of other prisoners, had received a far tougher sentence for a crime involving crack cocaine than he would have if the drug had been in powdered form a. We have done some analyses comparing us states to each other, and have done a detailed countylevel analysis of wisconsin. Data show racial disparity in crack sentencing congress passed the fair sentencing act to make punishments for crack and cocaine more equal.
Mar 17, 2011 page 2 testimony of marc mauer, executive director the sentencing project moreover, the swelling of the federal prison population and the heavy proportion of drug law offenders has contributed to significant racial and ethnic disparity within the federal criminal justice system. The changing racial dynamics of womens incarceration. Congress is considering a bill to change drug laws that punish crack cocaine violations more severely than those for powder cocaine. The us house of representatives approved a bill, sb 1789 on july 28. Black men comprise about % of the general population, but about 35% of those incarcerated. Congressmans cocaine bust illuminates race and gender. The vast majority of lowlevel offenders most affected by these laws are africanamerican. Us sentencing commission urges congress to reduce crack. Despite comparable rates of usage, people of color are more likely to be sentenced and incarcerated for crack. Cracking the racial disparity for cocaine sentencing.
To reduce the racial disparity that has remained on the books since the crack days, experts urge the following action. Whites had higher rates of heroin use but lower rates of cocaine use than blacks, and lower rates of alcohol use in. Nov 16, 2018 the biggest immediate impact of the bill would be felt by nearly 2,600 federal prisoners convicted of crack offenses before 2010. Another difference between crack and cocaine relates to the high produced. Moreover, the significant racial disparity in federal prisons will continue. Some 2020 democratic candidate argue that the sentencing disparity between crack cocaine and powder cocaine, which now sits at 18 to 1, should be eliminated entirely.
By equalizing sentencing, sb1010 promotes racial equality, a nonnegotiable component of a fair and just society. These harsher penalties fall disproportionately on african americans and other people of color. For cocaine, 57% reported powder cocaine and 33% reported crack use in the last month, while 66% proved positive for cocaine on hair analysis. There racial disparity present among persons convicted of possession or trafficking of crack cocaine is obscene and is only aided by the 100.
Cracking the racial disparity for cocaine sentencing center. 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. Aug 12, 2015 crack was an innercity drug, a streetcorner drug, a drug of gangs and guns that white america largely experienced from a distance. The racial impact of the crack cocaine sentencing laws is plain. Cocaine is imported so its ok as long as you dont turn it into crack.
Since congress recognized the gaping racial disparity between mandatory minimum sentences for crack offenses and cocaine offenses and reduced the ratio from 100to1 to 18to1, courts have grappled with when and how to apply the statute to alreadydecided cases. Crack and cocaine powder sentencing disparities essay sample. Racial disparity approximately 23 of crack users are white or hispanic, yet the vast majority of persons convicted of possession in federal courts in 1994 were african american, according to the ussc. Nov 20, 20 congressmans cocaine bust illuminates race and gender sentencing disparities. Due to the racial disparity between the two forms, crack cocaine was an easy target for politicians to latch onto and vilify beyond necessary means. In 2006, 82% of those sentenced under federal crack cocaine laws were black and only 8. Testimony of marc mauer executive director the sentencing. Crack and cocaine powder sentencing disparities essay. Activists argue that the current rules are too harsh. Black leaders once championed the strict drug laws they.
The legacy of len bias goes beyond just crack sentencing policies, though, incorporating two decades of declining social and economic prospects for africanamerican males in particular. Jul 07, 2007 in a floor statement introducing the bill, biden railed against the crack laws misguided rationale. Proposals to eliminate sentencing disparities between crack and powder cocaine offenses. Crack and cocaine also differ in the manner in which they are used. Oct 02, 2007 disparity related to crime history of crack douglas berman, law professor at ohio state university, talks with michele norris about how the disparity in sentencing minimums between crack and.
We see this in the crack cocaine sentencing disparity, the over policing of black communities, the excessive criminal fines and fees imposed on defendants, and a bail system that relies on payment to secure ones freedom. Eliminate sentencing disparities for crack cocaine. Drug use, drug possession arrests, and the question of. Page 2 testimony of marc mauer, executive director the sentencing project moreover, the swelling of the federal prison population and the heavy proportion of drug law offenders has contributed to significant racial and ethnic disparity. Yet harsher crack cocaine sentencing laws have resulted in troubling racial disparities. The emphasis on quantity rather than the role of the offender, along with the conspiracy laws, too often result in disproportionate sentencing, even for firsttime offenses such as the garrisons. We are using public data to compare imprisonment and arrest rates for different racial groups, separating these rates by type of crime. In the war on drugs in the united states, race is a critical issue. Terms for crack cocaine reduced, freeing prisoners the. This is a terrible flaw in the criminal justice system, based on the bogus notions that the crack form of cocaine is inherently more addictive than the powder form and crack users are more violent than powder users, biden said.