224:"found that the ratio was created based upon a misperception of the dangers of crack cocaine, which had since been proven to have a less drastic effect than previously thought." In 2009, the U.S. Sentencing Commission introduced figures stating that no class of drug is as racially skewed as crack in terms of numbers of offenses. According to the data, 79% of 5,669 sentenced crack offenders were black, while only 10% were white and 10% were Hispanic. The figures for the 6,020 powder cocaine convictions, in contrast, were as follows: 17% of these offenders were white, 28% were black, and 53% were Hispanic. Combined with a 115-month average imprisonment for crack offenses, compared with an average of 87 months for cocaine offenses, the sentencing disparity results in more African-Americans spending more time in the prison system.
378:, a national organization of law enforcement officers, also opposed the Act. It argued that because increased violence is associated with the use of crack, especially in urban areas, high penalties for crack-related offenses were justified, relying on U.S. Sentencing Commission statistics showing that 29% of all crack cases from October 1, 2008, through September 30, 2009, involved a weapon, compared to only 16% for powder cocaine. The organization also stated that the enhanced penalties for crack cocaine "have proven useful, and a better course of action would have been to instead raise the penalties for powder cocaine crimes." The Fair Sentencing Act includes a provision to account for such aggravated cases, allowing penalties to be increased for the use of violence during a drug trafficking offense.
371:, argued against its passage stating, "I cannot support legislation that might enable the violent and devastating crack cocaine epidemic of the past to become a clear and present danger." Specifically, Smith alleged that because "reducing the penalties for crack cocaine could expose our neighborhoods to the same violence and addiction that caused Congress to act in the first place," the bill risked a return to the crack cocaine epidemic that "ravaged our communities, especially minority communities." Smith claimed that the severe sentences for crack cocaine were justified by a high correlation between crack cocaine arrests and both violent crime and past criminal history.
27:
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parity. Second, the Act does not address the enforcement prerogatives of federal criminal justice agencies: while
African-American defendants account for roughly 80% of those arrested for crack-related offenses, public health data has found that two-thirds of crack users are white or Hispanic. Third, the Act does not reduce sentences for those prosecuted under state law, and state prosecutions account for a vast majority of incarcerations for drug-related offenses.
206:
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would trigger a five-year mandatory minimum sentence from 5 grams to 28 grams (one ounce) and the amount that would trigger a ten-year mandatory minimum from 50 grams to 280 grams. The amendment also lists aggravating factors to the guidelines, creating harsher sentences for crack cocaine offenses involving violence or bribery of law enforcement officials. The commission made the amendment permanent on June 30, 2011.
71:
305:
Congress did not act on this recommendation. In 2002, the
Commission again called for reducing sentencing disparities in its Report to Congress based on extensive research and testimony by medical and scientific professionals, federal and local law enforcement officials, criminal justice practitioners, academics, and civil rights organizations.
238:, commented that because of the disparate treatment of these two offenses, "the credibility of our entire drug enforcement system is weakened." The U.S. Sentencing Commission also released a statement saying that "perceived improper racial disparity fosters disrespect for and lack of confidence in the criminal justice system." According to
312:(R-AL) introduced the Drug Sentencing Reform Act. This proposal would have raised the amount of crack cocaine necessary for a five-year mandatory minimum from 5 grams to 20 grams and would have lowered the amount of powder cocaine necessary for the same sentence from 500 grams to 400 grams, a 20:1 ratio. During the
301:. The Commission found that the sentencing disparity was unjustified due to the small differences between the two forms of cocaine, and advised Congress to equalize the quantity ratio that would trigger mandatory sentences. Congress rejected the commission's recommendations for the first time in the commission's history.
385:(NSA) opposed the bill, stating that "Both crack and powder cocaine are dangerous narcotics and plights on communities throughout the United States. ... NSA would consider supporting legislation that would increase the sentence for powder cocaine, rather than significantly reducing the sentence for crack cocaine."
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sentence, a person holding powder cocaine could receive the same sentence only if he or she held five hundred grams. Similarly, those carrying ten grams of crack cocaine faced a ten-year mandatory sentence, while possession of one thousand grams of powder cocaine was required for the same sentence to be imposed.
559:
Progressives argue for elimination of the sentencing disparity altogether and believe that the impact of the bill on racial disparities in drug enforcement may be limited for several reasons. First, while the bill reduces the ratio between crack and powder cocaine sentencing, it does not achieve full
482:
by increasing the amount of a controlled substance or mixture containing a cocaine base (i.e., crack cocaine) that would result in mandatory minimum prison terms for trafficking and by increasing monetary penalties for drug trafficking and for importing/exporting controlled substances. The five-year
178:
included a provision that created the disparity between federal penalties for crack cocaine and powder cocaine offenses, imposing the same penalties for the possession of an amount of crack cocaine as for 100 times the same amount of powder cocaine. The law also contained minimum sentences and other
216:
The sentencing disparity between these two drug offenses is perceived by a number of commentators as racially biased. In 1995, the U.S. Sentencing
Commission concluded that the disparity created a "racial imbalance in federal prisons and led to more severe sentences for low-level crack dealers than
539:
On
October 15, 2010, the U.S. Sentencing Commission voted 6–1 to approve a temporary amendment to federal sentencing guidelines to reflect the changes made by the Fair Sentencing Act. The Commission changed the sentencing guidelines to reflect Congress's increasing the amount of crack cocaine that
347:
sponsored the Crack-Cocaine
Equitable Sentencing Act of 2007 (H.R. 460), a bill he had been introducing since the mid-1990s that would have equalized cocaine sentencing and eliminated specified mandatory minimum penalties relating to the trafficking in, and possession, importation, or distribution
155:
The Act has been described as improving the fairness of the federal criminal justice system, and prominent politicians and non-profit organizations have called for further reforms, such as making the law retroactive and complete elimination of the disparity (i.e., enacting a 1:1 sentencing ratio).
191:
At that time, Congress provided the following five reasons for the high ratio: crack cocaine was more addictive than powder cocaine; crack cocaine was associated with violent crime; youth were more likely to be drawn to crack cocaine; crack cocaine was inexpensive, and therefore more likely to be
187:
In the three decades prior to the passing of the Fair
Sentencing Act, those who were arrested for possessing crack cocaine faced much more severe penalties than those in possession of powder cocaine. While a person found with five grams of crack cocaine faced a five-year mandatory minimum prison
556:, "there is no scientific basis for the disparity and by promoting laws and policies that treat all Americans equally, and by working to amend or end those that do not, we can only increase public confidence in the criminal justice system and help create a safer and healthier nation for us all."
304:
In April 1997, the
Commission again recommended a reduction in the disparity, providing Congress with a range from 2:1 to 15:1 to choose from. This recommendation would have raised the quantity of crack and lowered the quantity of powder cocaine required to trigger a mandatory minimum sentence.
195:
A study released in 1997 examined the addictive nature of both crack and powder cocaine and concluded that one was no more addictive than the other. The study explored other reasons why crack is viewed as more addictive and theorized, "a more accurate interpretation of existing evidence is that
1055:
323:(R-UT) sponsored the Fairness in Drug Sentencing Act of 2007 (S. 1685) that would have created a 20:1 ratio by increasing the five-year quantity trigger for mandatory minimum sentences for crack cocaine to 25 grams and leaving the powder cocaine level at 500 grams. Former senator, former
276:
to depart from the statutory ratio based on policy concerns. In 2009, the U.S. District Courts for the
Western District of Pennsylvania, Western District of Virginia and District of Columbia used these cases to create one-to-one sentencing ratios of crack cocaine to powder cocaine.
527:
has estimated that implementing the Fair
Sentencing Act of 2010 will reduce the prison population by 1,550 person-years over the time period from 2011 to 2015, creating a monetary savings of $ 42 million during that period. The CBO also estimates that the Act's requirement for the
331:
sponsored the Drug
Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007 (S. 1711), which would have eliminated the disparity by increasing the amount of crack cocaine required for the imposition of mandatory minimum prison terms to those of powder cocaine.
146:
and other experts has suggested that the differences between the effects of the two drugs are exaggerated and that the sentencing disparity is unwarranted. Further controversy surrounding the 100:1 ratio was a result of its description by some as being
151:
biased and contributing to a disproportionate number of African Americans being sentenced for crack cocaine offenses. Legislation to reduce the disparity has been introduced since the mid-1990s, culminating in the signing of the Fair Sentencing Act.
543:
Effective November 1, 2011, the Fair Sentencing Act of 2010 applies retroactively to reduce the sentences of certain offenders already sentenced for federal crack cocaine offenses before the passage of the bill. However, the nonprofit organization
245:, "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."
425:, the bill would have eliminated the sentencing disparity. The Fair Sentencing Act was introduced as compromise legislation to get bipartisan and unanimous support, amended to merely reduce the 100:1 disparity to 18:1.
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996:
750:
Reinarman, Craig; Waldorf, Dan; Murphy, Sheigla B.; Levine, Harry G. (1997). "The Contingent Call of the Pipe: Bingeing and Addiction Among Heavy Cocaine Smokers". In Reinarman, Craig; Levine, Harry G. (eds.).
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The U.S. Sentencing Commission first called for reform of the 100:1 sentencing disparity in 1994 after a year-long study on the differing penalties for powder and crack cocaine required by the Omnibus
316:, seven crack cocaine sentencing reform bills were introduced that would have reduced the sentencing disparity between crack and powder cocaine offenses without increasing mandatory sentences.
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mandatory minimum for first-time possession of crack cocaine was also eliminated, and sentencing may take account of accompanying violence, among other aggravating factors.
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for wholesale suppliers of powder cocaine. ... As a result, thousands of people – mostly African Americans – have received disproportionately harsh prison sentences."
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review and amend its sentencing guidelines to increase sentences for those convicted of committing violent acts in the course a drug trafficking offense;
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343:(D-TX) sponsored the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007 (H.R. 4545), the companion to Biden's proposed bill.
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Both of these bills would have eliminated the five-year mandatory minimum prison term for first-time possession of crack cocaine. In the
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already abuse-prone cocaine users are most likely to move toward a more efficient mode of ingestion as they escalate their use. The
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implemented the initial disparity, reflecting Congress's view that crack cocaine was a more dangerous and harmful drug than powder
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commented, "There was never any scientific basis for the disparity, just panic as the crack epidemic swept the nation's cities."
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announce all guidelines, policy statements, and amendments required by the act no later than 90 days after its enactment; and
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548:, a major advocate of the Fair Sentencing Act, has lobbied Congress to make the entire act retroactive. According to
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before its passage in 2010, and courts had also acted to reduce the sentencing disparity prior to the bill's passage.
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consumed in large quantities; and use of crack cocaine by pregnant mothers was dangerous for their unborn children.
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355:, passed in December 2018, retroactively applied the Fair Sentencing Act, aiding around 2,600 imprisoned people.
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Getting a Fix on Cocaine Sentencing Policy: Reforming the Sentencing Scheme of the Anti-Drug Abuse Act of 1986
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466:(D-VA) as key supporters. The bill was then sent to President Obama and signed into law on August 3, 2010.
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United States Sentencing Commission Special Report to the Congress: Cocaine and Federal Sentencing Policy
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grant program to treat nonviolent drug offenders would cost less than $ 500,000 from appropriated funds.
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increased rapidly in the 1980s, accompanied by an increase in violence in urban areas. In response, the
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for simple possession of crack cocaine, among other provisions. Similar bills were introduced in several
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Congress first proposed bipartisan legislation to reform crack cocaine sentencing in 2001, when Senator
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1238:, Leadership Conference on Civil Rights, civilrights.org, July 27, 2010, accessed December 14, 2010.
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passed proposed legislation, the Fairness in Cocaine Sentencing Act (H.R.3245), a bill sponsored by
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incorporate aggravating and mitigating factors in its guidelines for drug trafficking offenses;
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cases provided lower courts with discretion in determining penalties for cocaine convictions.
1185:"U.S. Sentencing Commission Votes to Make Crack/Powder Cocaine Sentencing Reforms Retroactive"
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636:
344:
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1229:"House Could Consider Legislation This Week to Reduce Crack and Cocaine Sentencing Disparity"
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Lamar Smith Derides Reduction Of Crack-Cocaine Sentencing Disparity As Damaging To Minorities
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to report to Congress with an analysis of the effectiveness of drug court programs under the
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Rep. Lamar Smith Says Reducing Racial Disparity In Crack Cocaine Sentencing Hurts Minorities
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Cracking the Code: De-Coding Colorblind Slurs during the Congressional Crack Cocaine Debates
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Punishment for Just Us - A Constitutional Analysis of the Crack Cocaine Sentencing Statutes
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penalties from a 100:1 weight ratio to an 18:1 weight ratio and eliminated the five-year
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gave lower courts the option to set penalties and allowed judges who disagreed with the
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study and report to Congress on the impact of changes in sentencing law under this act.
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Although the 100:1 federal sentencing ratio remained unchanged from 1986 to 2010, two
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289:(2004) also weakened the sentencing guidelines as a whole by making them advisory.
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How to Guide for Prosecutors Defending the Sentencing Guidelines on Crack, The
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Bill Summary & Status - 111th Congress (2009–2010) - S.1789 - CRS Summary
1058:. National Sheriff's Association, January 12, 2010, accessed December 6, 2010
691:
Durbin's Fair Sentencing Act Passed By House, Sent to President for Signature
615:, Families Against Mandatory Minimums, famm.org, accessed September 30, 2010.
940:
H.R.4545: Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007
328:
1174:, Families Against Mandatory Minimums, famm.org, accessed October 24, 2010.
928:
S. 1711: Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007
900:, The Sentencing Project, sentencingproject.org, accessed October 24, 2010.
1258:. Youth Today, youthtoday.org, July 29, 2010, accessed December 14, 2010.
422:
577:"2015 Report to the Congress: Impact of the Fair Sentencing Act of 2010"
209:
139:
116:
1249:"Congress Passes Law to Reduce Crack/Cocaine Sentencing Disparities"
708:
The Fair Sentencing Act corrects a long-time wrong in cocaine cases
392:
204:
69:
966:"Mitch McConnell faces tough choice on criminal justice proposal"
1046:. Fraternal Order of Police website, accessed December 12, 2010
1037:
Legislation Opposed by the National Fraternal Order of Police
100:) was an Act of Congress that was signed into federal law by
842:"Bill Targets Sentencing Rules For Crack and Powder Cocaine"
1056:
National Sheriff's Association, 2010 Legislative Priorities
994:
House Passes Bill to Reduce Disparity in Cocaine Penalties
1297:
United States federal controlled substances legislation
952:
H.R.460: Crack-Cocaine Equitable Sentencing Act of 2007
755:. Berkeley, California: University of California Press.
1147:"Crack, powder cocaine sentence guidelines adjusted"
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884:
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796:, vol. 5, Mich. J. Race & L., p. 611
771:"The Fair Sentencing Act of 2010: It's about time"
726:
724:
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513:Omnibus Crime Control and Safe Streets Act of 1968
428:The Fair Sentencing Act (S. 1789) was authored by
142:. In the decades since, extensive research by the
86:
1067:"Ron Paul's Statement on the Fair Sentencing Act"
1027:. huffingtonpost.com, accessed December 13, 2010.
740:, vol. 78, April 2010, accessed October 14, 2010.
693:, durbin.senate.gov, accessed September 30, 2010.
979:"Project Vote Smart-Fair Sentencing Act of 2010"
913:S. 1685: Fairness in Drug Sentencing Act of 2007
865:, vol. 33, T. Marshall L. Rev., p. 329
753:Crack in America: Demon Drugs and Social Justice
667:"Data Show Racial Disparity in Crack Sentencing"
413:. Co-sponsored by a group of 62 members of the
1165:"US Sentencing Commission Implements Crack Law"
1015:. thinkprogress.com, accessed December 14, 2010
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684:
682:
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179:disparities between the two forms of the drug.
1155:, October 15, 2010, accessed October 24, 2010.
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1128:
1108:
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1077:Bill Piper and Jasmine Tyler (April 1, 2010).
716:, August 3, 2010, accessed September 30, 2010.
532:to conduct a report on the effectiveness of a
407:United States House Committee on the Judiciary
369:United States House Committee on the Judiciary
299:Violent Crime Control and Law Enforcement Act
8:
1122:, thomas.loc.gov, accessed October 10, 2010.
813:, vol. 3, Geo. Mason Indep. L. Rev. 473
474:The Fair Sentencing Act of 2010 amended the
19:
1218:, July 28, 2010, accessed December 5, 2010.
1100:, govtrack.us, accessed September 29, 2010.
981:. Votesmart.og, accessed December 13, 2010.
764:
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480:Controlled Substances Import and Export Act
363:Some members of Congress opposed the Act.
1302:United States federal criminal legislation
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367:(R-TX), the top-ranking Republican on the
1135:Congressional Budget Office Cost Estimate
954:, govtrack.us, accessed October 27, 2010.
942:, govtrack.us, accessed October 27, 2010.
930:, govtrack.us, accessed October 27, 2010.
915:, govtrack.us, accessed October 27, 2010.
1287:Acts of the 111th United States Congress
1191:. The Drug Policy Alliance. 30 June 2011
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921:
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1137:, cbo.gov, accessed September 30, 2010.
665:Kurtzleben, Danielle (August 3, 2010).
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1003:. CNN.com, accessed December 13, 2010.
989:
987:
601:
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554:Office of National Drug Control Policy
432:Dick Durbin (D-IL) and cosponsored by
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1098:S. 1789: Fair Sentencing Act of 2010
840:Johnson, Carrie (October 16, 2009).
401:at the signing ceremony for the Act.
107:on August 3, 2010, that reduces the
1292:Race and crime in the United States
581:United States Sentencing Commission
546:Families Against Mandatory Minimums
507:In addition, the bill requires the
488:United States Sentencing Commission
325:Vice President of the United States
222:United States Sentencing Commission
144:United States Sentencing Commission
1210:"Congress OKs Fair Sentencing Act"
1079:"Change cocaine, crack sentencing"
891:"Federal Crack Cocaine Sentencing"
859:Taylor, Larry F. Jr. (2007–2008),
451:on March 17, 2010, and passed the
230:, the former administrator of the
91:Tooltip Public Law (United States)
14:
824:Effectiveness of the War on Drugs
964:Rogers, Alex (2 December 2018).
530:Government Accountability Office
430:Assistant Senate Majority Leader
389:Proposal and passage of the bill
249:Attempts to change the disparity
183:Sentencing disparity and effects
25:
232:Drug Enforcement Administration
807:Wytsma, Laura A. (1994–1995),
383:National Sheriffs' Association
166:Crack epidemic (United States)
1:
790:Dvorak, Richard (1999–2000),
455:on July 27, 2010, with House
453:U.S. House of Representatives
447:(R-AL). The bill passed the
415:U.S. House of Representatives
274:Federal Sentencing Guidelines
1307:United States sentencing law
830:, accessed October 17, 2010.
671:U.S. News & World Report
314:110th United States Congress
769:Editorial (July 31, 2010).
606:Fair Sentencing Act of 2010
525:Congressional Budget Office
176:Anti-Drug Abuse Act of 1986
136:Anti-Drug Abuse Act of 1986
82:Fair Sentencing Act of 2010
35:United States Supreme Court
20:Fair Sentencing Act of 2010
1325:
1215:United Press International
327:, and 46th U.S. President
265:Kimbrough v. United States
163:
125:mandatory minimum sentence
119:needed to trigger certain
476:Controlled Substances Act
376:Fraternal Order of Police
41:
24:
337:House of Representatives
280:United States v. Booker
270:Spears v. United States
102:United States President
47:Dorsey v. United States
611:March 3, 2012, at the
490:to take four actions:
486:The bill directed the
405:On July 29, 2009, the
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111:between the amount of
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534:Department of Justice
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359:Opposition to the Act
286:Blakely v. Washington
208:
164:Further information:
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828:Drug Policy Alliance
519:Impact and reception
293:Proposed legislation
16:A federal law in USA
1152:The Washington Post
846:The Washington Post
713:The Washington Post
633:Seven Stories Press
625:Webb, Gary (1999).
509:Comptroller General
434:Judiciary Committee
348:of, crack cocaine.
21:
1254:2010-11-30 at the
1234:2010-12-15 at the
1170:2010-11-08 at the
1118:2016-07-04 at the
1042:2011-03-18 at the
999:2010-12-01 at the
896:2010-12-28 at the
737:Fordham Law Review
730:Beaver, Alyssa L.
552:, Director of the
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341:Sheila Jackson Lee
260:U.S. Supreme Court
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1227:Morris, Antoine.
776:Los Angeles Times
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585:. Retrieved
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464:Bobby Scott
462:(D-SC) and
449:U.S. Senate
440:(D-VT) and
411:Bobby Scott
321:Orrin Hatch
283:(2005) and
268:(2007) and
243:Dick Durbin
170:The use of
115:and powder
61: (2012)
1281:Categories
587:2020-01-22
564:References
397:President
160:Background
436:Chairman
329:Joe Biden
109:disparity
1252:Archived
1232:Archived
1168:Archived
1116:Archived
1040:Archived
997:Archived
894:Archived
609:Archived
478:and the
423:Ron Paul
149:racially
210:Cocaine
140:cocaine
117:cocaine
87:Pub. L.
968:. CNN.
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212:powder
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98:(PDF)
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37:cases
1197:2012
637:ISBN
523:The
421:and
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134:The
80:The
56:U.S.
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52:567
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