Supreme Court Back in Session: Taking on Crack Cocaine
Now that the U.S. Supreme Court is heading back in session, they will be dealing with a number of controversial issues. One of those issues will require the court to decide whether sentences given out in crack cases are harsher than sentences given out in cocaine cases.
There have long been claims that crack dealers receive harsher sentences than cocaine dealers. Some believe that the sentencing disparity is caused by Federal guidelines that more harshly punish Blacks for drug offenses.
According to estimates, more than four-fifths of crack offenders are Black. Conversely, only about one-fourth of cocaine offenders are Black. Spelled out, almost seventy-five percent of cocaine offenses are committed by non-Blacks (read: those who are White or some other race). However, under Federal guidelines, many Whites will qualify for lesser prison sentences.
A 1986 law was passed in response to violent crimes committed to get money to feed crack habits. The law includes what critics have called the 100-to-1 disparity: Trafficking in 5 grams of crack cocaine carries a mandatory five-year prison sentence, but it takes 500 grams of cocaine powder to warrant the same sentence. Thus, the disparity in sentencing guidelines was born.
The sentencing commission, an independent agency within the U.S. judiciary, voted (in May) to reduce the recommended sentencing ranges for people convicted of crack possession, a step toward lessening the disparity. The recommendation will become effective Nov. 1 unless Congress acts.
I’ll post any updates on this issue in the future.
Source: www.law.com
There have long been claims that crack dealers receive harsher sentences than cocaine dealers. Some believe that the sentencing disparity is caused by Federal guidelines that more harshly punish Blacks for drug offenses.
According to estimates, more than four-fifths of crack offenders are Black. Conversely, only about one-fourth of cocaine offenders are Black. Spelled out, almost seventy-five percent of cocaine offenses are committed by non-Blacks (read: those who are White or some other race). However, under Federal guidelines, many Whites will qualify for lesser prison sentences.
A 1986 law was passed in response to violent crimes committed to get money to feed crack habits. The law includes what critics have called the 100-to-1 disparity: Trafficking in 5 grams of crack cocaine carries a mandatory five-year prison sentence, but it takes 500 grams of cocaine powder to warrant the same sentence. Thus, the disparity in sentencing guidelines was born.
The sentencing commission, an independent agency within the U.S. judiciary, voted (in May) to reduce the recommended sentencing ranges for people convicted of crack possession, a step toward lessening the disparity. The recommendation will become effective Nov. 1 unless Congress acts.
I’ll post any updates on this issue in the future.
Source: www.law.com
Labels: racial dispartities, racial profiling
posted by S. Mary Wills at 11:14 AM
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