Fair sentencing act american civil liberties union. 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. Both crack and powder cocaine can lead to a host of physical, psychological and behavioral problems, including addiction. In the mid 80s, congress passed the antidrug abuse act of 1986. The ussc subsequently recommended rectifying the unfounded sentencing disparity between the two types. Therefore, the danger associated with crack cocaine versus powder cocaine instead relates to the trade of the drug, not the drug itself. The fair sentencing act was introduced and passed by congress and was signed into law by which president. Until 2010, this sentencing disparity was 100 to 1, which means that while just 5 grams of crack would carry a 5year mandatory minimum, it would take 500 grams of cocaine to trigger the same 5year sentence. Powder cocaine use is more evenly spread among ethnic backgrounds, and more white americans have tried powder cocaine than black americans. Regardless of changes in the federal law, a charge of crack or powder cocaine. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Download page term paper on disparity in sentencing for crack vs.
Many people assert that, because crack cocaine is statistically linked to impoverished black communities while powder cocaine use is most common among affluent white communities, the legal disparity between powder and crack cocaine is potentially rooted in racist beliefs. Federal crack cocaine sentencing the sentencing project. Established by the antidrug abuse acts of 1986 and 1988, the 100to1 ratio relates to the amount of crack versus powder cocaine necessary to trigger mandatory minimum prison sentences meaning that possession of five grams of crack cocaine would mandate the same minimum sentence as 500 grams of powder cocaine. Prior to the enactment of the fsa, it took 100 times as much powder cocaine as crack cocaine to receive the same five, 10, or 20year mandatory minimum prison term. Support fair and rational sentencing by eliminating the. Crack and cocaine powder sentencing disparities essay. Attempts to change the disparity edit legal challenges edit. Sentencing guidelines have been created to equalize or reduce the disparities in the sentencing process. Cracking the racial disparity for cocaine sentencing. Sentencing commission concluded that the disparities could not be justified by qualitative differences between the 2 drugs,because powder cocaine distributors provide the raw material for crack cocaine. The us sentencing commission provided this analogy in 1997 to support equalizing penalties for crack and powder cocaine. But the drugs differ from each other in a variety of ways. 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. 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.
Today, states maintain sentencing disparities between crack and powder cocaine offenses. The 1986 law created a 100 to 1 disparity between the sentencing guidelines for crack and powder cocaine. There are notable racial and ethnic disparities in cocaine use with whites more likely to report lifetime cocaine use i. Famm supported that reform, the fair sentencing act fsa. At the time, possession of crack cocaine resulted in penalties 100 times higher than possession of an equal amount of the powdered form.
Senator mitchells bill will correct the groundless disparity in sentencing, probation and asset forfeiture guidelines for possession of crack cocaine for sale versus the same crime involving powder cocaine that has resulted in a pattern of racial discrimination in sentencing and incarceration in california. Crack is highly, highly addictive unlike normal cocain. Congress moves to narrow sentencing disparities for crack. The new law significantly reduces the cocaine sentencing quantity disparity from 100 to 1 to 18 to 1 by raising the quantity of crack cocaine necessary to trigger the five and tenyear mandatory minimum sentences first set in 1986. 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. Crack cocain has barely any similarities to its powder form other than the name and the fact its a stimulant. Powder cocaine causes a rush of energy and feelings of euphoria and happiness. Despite the fact that the chemical structure of powder cocaine and crack cocaine is nearly identical, the punishment for crack possession or sales is far greater than that of cocaine. Crack is cheaper, so its found in low income communities more than pure powder cocaine. The controlled substances act established a minimum mandatory sentence of five years for a firsttime trafficking offense involving over five grams of crack, as opposed to 500 grams of powder. Senator dick durbin, the sentencing disparity between crack and powder cocaine has contributed to the imprisonment of african americans at six times the rate of whites and to the united states position as the worlds leader in incarcerations. The demographic profile of cocaine offenders must be further examined to analyze any disparity in sentencing. Under the current law, crack users possessing only 5 grams of the drug are charged with a felony to get the same charge, powder cocaine users have to be caught with 500 grams. The fsa changed this socalled 100toone disparity to a disparity of 18toone.
How many states today maintain sentencing disparities between crack and powder cocaine. Mitchells bill will correct the groundless disparity in sentencing, probation and asset forfeiture guidelines for possession of crack cocaine for sale versus the same crime involving powder cocaine that has resulted in a pattern of racial discrimination in sentencing and. The sentencing disparities between crack and cocaine attn. As introduced, the fair sentencing acts provisions would have completely eliminated the sentencing disparity between crack and powder cocaine and its impact in reducing racial disparity and growing federal incarceration rates would have been more dramatic.
Specifically, the penalty for possessing 500g of powder cocaine was comparable to possessing only 5g of crack. The disparity in the sentencing illustrates that congress considered crack cocaine much more dangerous than powder cocaine and as a result, those who trafficked crack cocaine warranted significantly higher punishment. The impact of the disparity fell disproportionately on africanamericans. 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. Laws that require there be a truthful, realistic connection between the sentences imposed on offenders and the time they actually serve fair sentencing act of 2010 2010. On behalf the leadership conference on civil rights lccr, the nations oldest, largest, and most diverse civil and human rights coalition, we urge you to eliminate the sentencing disparities between crack and powder cocaine. In the wake of recent changes to the federal sentencing guidelines and. Proposals to eliminate sentencing disparities between. Why is there a sentencing disparity between possession of. Before the fair sentencing act, those penalties required 100 times as much powder cocaine as crack cocaine to invoke equal mandatory minimum sentences.
How many states maintain sentencing disparities between crack and powder cocaine. The powder crack cocaine penalty equalization act of 2009, h. The stark difference in federal sentencing laws for possession of the two forms of the same drug has more to do with media mythology and political pressure than with public safety and health. Further resolved, that the iacp urges that any modifications to eliminate the disparity between crack and powder cocaine sentencing be made by significantly adjusting downward the cocaine powder mandatory minimum amount to levels which correspond to the current levels for crack so that the law enforcement community will still be able to deal. 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. Now that disparity is being reduced from 100to1 to 18to1. Some 2020 democratic candidate argue that the sentencing disparity between crack cocaine and powder cocaine, which now sits at 18 to 1, should be.
Crackpowder sentencing disparity reduced by congress. The fair sentencing act 2010 reduced sentencing disparities to 18. Crack cocaine and powder cocaine are the same drug, simply sold in different forms. This report addresses disparities in cocaine sentencing in states and documents efforts at the federal and state level to correct these injustices. Congress moves to narrow cocaine sentencing disparities. There is no significant chemical differencecrack and powder cocaine are both forms of cocaine. Its a dirty drug that shouldnt exist, but unfortunately it does.