A 2010 federal law rectified some, though not all, of the sentencing disparities. Crack is cheaper, so its found in low income communities more than pure 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. The 2010 act eliminated the fiveyear minimum sentence and increased the amount of crack necessary to result in sentencing from 100toone to 18toone. Jul 28, 2019 the 100to1 crack cocaine to powder cocaine quantity ratio is a primary cause of the growing disparity between sentences for black and white federal defendants, the commission wrote. While changes created by the fair sentencing act are profound, the original concerns expressed by advocates regarding the excessiveness of punishments for relatively lowlevel crack cocaine offenses and the continued sentencing disparity between two forms of the same drug remain. Data show racial disparity in crack sentencing us news. The ussc subsequently recommended rectifying the unfounded sentencing disparity between the two types. The us sentencing commission provided this analogy in 1997 to support equalizing penalties for crack and powder cocaine. There is no significant chemical difference crack and powder cocaine are both forms of cocaine. Crack cocaine became prevalent in the mid1980s and received massive media attention due in part to its exponential growth in the drug market. Crack sentencing is wack but a fix may finally be on the way.
Apr 17, 2020 download page term paper on disparity in sentencing for crack vs. The 100to1 crack cocaine to powder cocaine quantity ratio is a primary cause of the growing disparity between sentences for black and white federal defendants, the commission wrote. 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 disparities between crack cocaine 2005, february 21 retrieved april 8, 2020, from. Crack cocaine sentencing rules hit 20 friday is the 20th anniversary of a law that created mandatory minimum sentences for crack cocaine crimes. The fsa changed this socalled 100toone disparity to a disparity of 18toone. Such is to say that the approach to sentencing in the united states is not itself. 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. Regardless of how many people use which drug and what the penalties are for doing so, the truth of the matter is that both drugs are illegal, dangerous and highly addictive. While they are both different chemical forms of cocaine, they differ in how they are made, how they are abused, their cost, dangers, effects, and more. 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 usscs crack guideline amendment is made retroactive, reducing sentences. 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.
One would think, based on the sentencing laws, that crack cocaine is a very different drug than powder cocaineand much worse. Sep 28, 2007 crack sentencing is wack but a fix may finally be on the way. Disparity in sentencing for crack vs powder cocaine. Thousands are stuck in prison just because of the date they were sentenced. Crack cocaine often nicknamed crack after the sound made during its manufacture is a lowerpurity form of freebase cocaine and contains sodium bicarbonate as impurity. Over time, numerous studies have shown that the physiological and psychotropic effects of crack and powder are the same, and they are now widely acknowledged as pharmacologically identical. Feb 22, 2015 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. In a statement in the congressional record, breaux said he was honestly shocked to learn of the sentencing disparity between crack and powder cocaine. Why are crack cocaine sentences longer than those for powder. Crack cocain has barely any similarities to its powder form other than the name and the fact its a stimulant. Regardless of changes in the federal law, a charge of crack or powder cocaine is a very serious charge. Seeking rehab for cocaine or crack addiction is an important step toward achieving sobriety.
In 2010, congress passed the fair sentencing act fsa, which reduced the sentencing disparity between offenses for crack and powder cocaine from 100. We wrote this paper to inform the public and congress about the disparities in the sentencing laws between crack and powder cocaine, which. Congress did a serious injustice when it imposed much tougher penalties on defendants convicted of selling the crack form of cocaine the kind most often used in impoverished, minority. Disparity in sentencing for crack vs powder cocaine essay. Overdosing is a risk people take when they chose to use crack or cocaine. This disparity between crack and powder cocaine was driven by fear, instead of by research, of the intensity and perceived dangers of crack. The sentencing disparities between crack and cocaine attn. Cracking the racial disparity for cocaine sentencing center. How an early biden crime bill created the sentencing. Crack cocaine and powder cocaine are the same drug, simply sold in different forms.
Download page term paper on disparity in sentencing for crack vs. Therefore, the danger associated with crack cocaine versus powder cocaine instead relates to the trade of the drug, not the drug itself. 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. Another difference between crack and cocaine relates to the high produced. Congress is considering a bill to change drug laws that punish crack cocaine violations more severely than those for powder cocaine.
Powder and crack cocaine are two different forms of the same substance. Unjustified and unreasonable overview crack cocaine became prevalent in the mid1980s and received massive media attention due in part to the death of college basketball star len bias subsequently found to have used powder cocaine on the night of his death and not crack. Until 2010, this sentencing disparity was 100 to 1, which means that while just 5 grams of crack would carry a 5year mandatory minimum. 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. 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. An assessment of the cocaine sentencing debate that explores the racial. The disparity started in the 1980s, when crack cocaine started to ravish urban black communities in america. The 1986 law created a 100 to 1 disparity between the sentencing guidelines for crack and powder cocaine. 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. Regardless of how many people use which drug and what the penalties are for doing so, the truth of the matter is that both. Crack cocaine and powder cocaine are sometimes referred to in research and other outlets simply as cocaine, but there is a big difference between the two. Aug 03, 2010 obama signs bill reducing cocaine sentencing gap. Jul 01, 2014 in 2010, president obama signed the fair sentencing act, which reduced the federal penalty ratios from 100. Fair sentencing act american civil liberties union.
A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a. Under the old sentencing guidelines, the penalty for possessing a gram of crack cocaine was the same as that for possessing 100 grams or about 312 ounces of powder cocaine, with a corresponding. Crack and cocaine powder sentencing disparities essay sample. The stark difference in federal sentencing laws for possession of the two forms of the same drug has more to do with media mythology.
Racial double standard hardwired into how we deal with drugs. 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. Crack cocaine sentences have long been much more harsh than those for 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. 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. 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. Sentencing disparity preventing sentence disparity ultimately, sentencing disparity is rooted in a combination of how laws are authored and how they are enforced. Powder cocaine use is more evenly spread among ethnic backgrounds, and more white americans have tried powder cocaine than black americans. The main difference between crack and powder cocaine. Similarly, those carrying ten grams of crack cocaine faced a. 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. The disparity is highly controversial and often attributed to racial and economic bias rather than the relative harm of crack versus cocaine.
Activists argue that the current rules are too harsh. Clinton signs bill to disapprove of equalizing crack. Crackpowder sentencing disparity reduced by congress huffpost. In 1995 the commission concluded that the violence associated with. Chief among these is the racial outcome of the sentencing disparity. Crack and cocaine also differ in the manner in which they are used. The federal government sought to crack down on the problem by implementing severe prison sentences for those people caught dealing crack cocaine. Crack and cocaine are both drugs created from the coca plant but have a different level of refinement. Why is there a sentencing disparity between possession of. What is the chemical difference between crack cocaine and powder cocaine that justified this disparity. Since then the federal bureau of prisons began to have budget and overcrowding problems.
Jan 02, 2020 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. 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. The sentencing disparity for dealing crack and powder cocaine was 100 to 1. Dmichigan, recently contended that the new law will reduce sentencing disparity between crack and powder cocaine from 100to. Join 100to1 ways in pursuit of justice and 381 supporters today. Crack and cocaine powder sentencing disparities essay. Since the law went into effect, the ratio dropped to 18to1. Once the fair sentencing act was passed in 2010, however, this social disparity was slowly lessened. Holly mitchells senate bill 1010, which would reduce the sentence for possession of crack cocaine for sale from 35 years to 24 years, thus matching the penalties for powder. Although each state crafted its laws differently, the national war on drugs impacted state policies, resulting in harsh penalties for crack cocaine. Why are crack cocaine sentences longer than those for.
Before this law was passed, the united states had a 100to1 crack topowder cocaine sentencing disparity. 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. In the mid 80s, congress passed the antidrug abuse act of 1986. Aug 03, 2010 data show racial disparity in crack sentencing. One would think, based on the sentencing laws, that crack cocaine is a very different drug than powder cocaine and much worse. Dmichigan, recently contended that the new law will reduce sentencing disparity between crack and powder cocaine from 100to1 to 18to1. What is the chemical difference between crack cocaine and 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. Feb 19, 2015 in light of the current sentencing disparity18. What is the difference between crack and powder cocaine in. 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. Cocaine is typically snorted, and crack is typically smoked. October 08, 20 criminal law and criminology 4 comments 3 min read. Cracking the racial disparity for cocaine sentencing.
Powder cocaine is a fine, white, crystal powder that is often mixed with additives like cornstarch, talcum powder, or flour to increase its profits when sold illicitly. But in reality, according to experts, crack cocaine and powder cocaine are essentially identical. Crack is highly, highly addictive unlike normal cocain. Federal crack cocaine sentencing the sentencing project. The answer to the problem presented by this wide difference in penalties is not to lower penalties for selling crack cocaine but to increase the penalties for selling powder cocaine, the.
Cracked justice updated 32411 2 sentencing project. 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. The difference between powder cocaine and crack cocaine. Famm supported that reform, the fair sentencing act fsa. 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. 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. 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. At the time, possession of crack cocaine resulted in penalties 100 times higher than possession of an equal amount of the powdered form.
89 1171 1017 1292 284 1410 330 1012 45 1507 28 964 1468 1097 563 210 1318 969 1092 1005 630 1451 1065 1408 346 182 489 959 1492 1014 1228 116 476