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Issues in Criminal Justice (JF)
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By Kathryn Wiley|Published Date: July 23, 2010
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In the United States, 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 world's leader in incarcerations.
The House of Representatives is currently considering the Fair Sentencing Act of 2010 (S 1789) that would reduce this disparity from 100:1 to 18:1, according to an editorial in the Washington Times by Pat Nolan, vice president of Prison Fellowship and head of Justice Fellowship.
Under current law, it takes 100 times as much powdered cocaine as crack to trigger the same mandatory minimum sentence. The Senate voted last spring to change this unfairness, and now it’s up to the House to bring the injustice to an end.
The disparity was created in 1986 and based largely on the assertion that crack cocaine was more dangerous than powder cocaine, that it was instantly addictive and that it caused violent behavior, explains Nolan. Since then, copious scientific evidence and U.S. Sentencing Commission analysis have shown that these assertions, which were not supported by sound data to begin with, were exaggerated or even false.
The disparity has resulted in a hugely disproportionate number of black Americans being sentenced under this mandatory-minimum law. Although the intent was not to single out one racial demographic over another, the impact of these laws amounted to discrimination.
“Our federal laws should reflect our shared values—values that include liberty, equality and compassion. Enactment of the reform bill pending in the House would advance all of these values,” writes Nolan. “It would put an end to excessive deprivations of freedom; it would treat drug offenders equally, and it would demonstrate compassion for those who commit minor offenses yet deserve a second chance to fulfill their responsibilities to family and community.”
To read the editorial, click here.
For more information about reforming sentencing in the United States, visit Justice Fellowship’s Drug Policy and Mandatory Minimums resource page. |
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