Ca uses and cures exercise of discretion while proper guidelines for sentencing are being developed. 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. Drugs, disparity, and judicial sentencing discretion findlaw. Clinton signs bill to disapprove of equalizing crack. The omnibus drug abuse act of 1988 expanded mandatory minimum penalties for drug users and sellers and established a 100to1 sentencing disparity between crack and powder cocaine. Sentencing commission recommended getting rid of the crackpowder cocaine sentencing disparity, the. The manual of adolescent substance abuse treatment calls it the most addictive form of cocaine. Fair sentencing act law and legal definition uslegal, inc. 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. In the war on drugs in the united states, race is a critical issue.
Sep 03, 2015 how mandatory minimums helped drive mass incarceration. On august 3, 2010, president barack obama signed an historic piece of legislation that narrows the crack and powder cocaine sentencing disparity from 100. Fair sentencing act american civil liberties union. The act reduced the disparity in the amounts of powder cocaine and crack cocaine required for the imposition of mandatory minimum sentences and eliminates the mandatory minimum sentence for. The court, however, opted to impose a lesser sentence of only 180 months 15 years, reflecting the combination of the two minimums for drugs and firearms offenses, respectively. Sentencing disparity preventing sentence disparity ultimately, sentencing disparity is rooted in a combination of how laws are authored and how they are enforced.
Federal crack cocaine sentencing the sentencing project. Is it true that if a drug dealers house stood just 100 feet farther from a school, he would have received a drastically shorter sentence. Sentencing disparities between crack cocaine 2005, february 21 retrieved april 8, 2020, from. Join 100to1 ways in pursuit of justice and 381 supporters today. 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. The us sentencing commission provided this analogy in 1997 to support equalizing penalties for crack and powder cocaine. The amount of powder cocaine necessary to trigger the sentence is still five kilos. In fact, sentencing examples like this are present everywhere. The disparity is highly controversial and often attributed to racial and economic bias rather than the relative harm of crack versus cocaine. On october 30, president clinton signed a bill that blocks the u.
Since congress recognized the gaping racial disparity between mandatory minimum sentences for crack offenses and cocaine offenses and reduced the ratio from 100to. The act reduced the disparity in the amounts of powder cocaine and crack cocaine required for the imposition of mandatory minimum sentences and eliminates the mandatory minimum sentence for simple possession of crack cocaine. Hillary clinton calls for end to cocaine sentencing disparity. The us government created a 100to1 minimum sentence disparity between. Disparity related to crime history of crack douglas berman, law professor at ohio state university, talks with michele norris about how the disparity in sentencing minimums between crack and. Sentencing commission amendments to equalize the penalties for crack and powder cocaine from taking effect see congress nixes amendments to sentencing guidelines on cocaine, money laundering, 58 crl 1086, october 25, 1995. Sentence disparity refers to an inequality in criminal sentencing which is the result of unfair or unexplained causes, rather than a legitimate use of discretion in the application of the law. Chemically purified, very potent cocaine in pellet form that is smoked through a glass pipe and is considered highly and rapidly addictive. Crack powder cocaine sentencing disparity changed in 2010. How mandatory minimums helped drive mass incarceration youtube. It reduced the disparity between the amount of crack cocaine and powder cocaine needed to trigger certain federal criminal penalties.
Inmate wants congress to address forgotten victims of crack. Such is to say that the approach to sentencing in the united states is not itself. Since the law went into effect, the ratio dropped to 18to1. 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. Crack cocaine is a form of the drug cocaine which has been purified and made into. Crack cocaine definition and meaning collins english dictionary. Crack cocain has barely any similarities to its powder form other than the name and the fact its a stimulant.
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. Crack cocaine definition of crack cocaine by the free. The new law reduces, but does not eliminate, a sentencing disparity that disproportionately impacts african. 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. Crack cocaine, also known simply as crack or rock, is a free base form of cocaine that can be smoked. Sentencing commission recommended getting rid of the crack powder cocaine sentencing disparity, the trotter group had a white house meeting with president. Before this law was passed, the united states had a 100to1 crack topowder cocaine sentencing disparity. The fair sentencing act was welcomed by civil rights and community activists, but the compromise measure fell short of the changes they had sought for two decades. Sentencing commission to make retroactive the recent and relatively minor crack cocaine sentencing guideline reductions. 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. In whats known as the 100to1 rule, federal law mandates a 10year sentence for anyone caught with 50 grams of crack, about the weight of a candy bar.
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. Disparity in sentencing for crack vs powder cocaine. Aug 03, 2010 data show racial disparity in crack sentencing congress passed the fair sentencing act to make punishments for crack and cocaine more equal. Crack cocaine disparity, the fair sentencing act 2010. 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. Crack and cocaine are both drugs created from the coca plant but have a different level of refinement. Now, the ten year sentence is triggered by 280 grams of crack instead of 50. 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 definition and meaning collins english. The imposition of disparate sentences upon offenders with similar characteristics convicted of similar crimes hinders correctional methods. Cocaine is a hydrochloride salt in its powdered form, while crack cocaine is derived from powdered cocaine by combining it with water and another substance, usually baking soda sodium bicarbonate. Feb 19, 2015 in light of the current sentencing disparity18. How mandatory minimums helped drive mass incarceration. Cracking the racial disparity for cocaine sentencing center. 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. Whereas, proposals to remove the federal mandatory minimums for crack and powder cocaine, and to otherwise eliminate the disparity for crack and powder cocaine by sentencing crack in the same manner that powder cocaine is currently sentenced, would threaten efforts to investigate and prosecute significant and violent drug offenders that deal. Regardless of changes in the federal law, a charge of. Why is there a sentencing disparity between possession of. Fair sentencing act is an effort to restore fairness to federal cocaine sentencing.
Sentence disparity law and legal definition sentence disparity refers to an inequality in criminal sentencing which is the result of unfair or unexplained causes, rather than a legitimate use of discretion in the application of the law. 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. Crack cocaine became prevalent in the mid1980s and received massive media attention due in part to its exponential growth in the drug market. After cocaine and baking soda are combined, the mixture is boiled, and a solid forms. Although statistics indicate that african americans account for only 12 percent of all illegal drug use, they make up 44 percent of all drug arrests. At the time, possession of crack cocaine resulted in penalties 100 times higher than possession of an equal amount of the powdered form. Clinton signs bill to disapprove of equalizing crackpowder. The sentencing disparities between crack and cocaine attn. Data show racial disparity in crack sentencing congress passed the fair sentencing act to make punishments for crack and cocaine more equal.
Regardless of changes in the federal law, a charge of crack or powder cocaine is a very serious charge. Crack is highly, highly addictive unlike normal cocain. This racial disparity has drawn the attention of policy makers, politicians, and the courts. Oct 02, 2007 disparity related to crime history of crack douglas berman, law professor at ohio state university, talks with michele norris about how the disparity in sentencing minimums between crack and. The commission establishes sentencing policies and practices for the federal courts. 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. Meaning, pronunciation, translations and examples log in dictionary. Seeking rehab for cocaine or crack addiction is an important step toward achieving sobriety. Download 32page term paper on sentencing disparities between crack cocaine vs. The judges reasoning was that, due in part to the infamous 100. This dramatic sentencing disparity exists despite the fact that the drugs are pharmacologically identical. Cracking the racial disparity for cocaine sentencing. Sentence disparity law and legal definition uslegal, inc.
Dmichigan, recently contended that the new law will reduce sentencing disparity between crack and powder cocaine from 100to1 to 18to1. 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. The legislation also eliminates the mandatory minimum for simple possession of crack cocaine. Disparity in criminal sentencing has always been a thorn in the side of our judicial system since time immemorial. Federal sentencing disparity, 20052012, examines patterns of federal sentencing disparity among white and black offenders, by sentence received, and looks at.
Crack cocaine, race, and the war on drugs legal definition. The us house of representatives approved a bill, sb 1789 on july 28. The difference between powder cocaine and crack cocaine. The sentencing is not nearly as harsh on the federal level as it is for, say, crack cocaine. Congress acts to reduce disparity drug war chronicle. Crack first saw widespread use as a recreational drug in primarily impoverished neighborhoods in new. Data show racial disparity in crack sentencing us news. We would like to see the crack versus cocaine sentencing disparity eliminated and applied retroactively. Fulfilling a longtime wishlist item of criminal justice reformers, hillary clinton on friday called for ending the sentencing disparity between powder and crack cocaine as part of a larger. In 2010 congress passed the fair sentencing act, which repealed the mandatory minimum sentence for simple possession and reduced the sentencing disparity from 100. Aug 03, 2010 obama signs bill reducing cocaine sentencing gap. Written statement submitted by carol chodroff, us advocacy director, to the house judiciary committee, subcommittee on crime. The federal antidrug abuse act of 1986, part of the war on drugs, established a disparity between the amount of crack and powdered cocaine.