Pubdate: Sun, 09 Mar 2008
Source: Herald, The (SC)
Copyright: 2008 The Herald
Contact:  http://www.heraldonline.com/
Details: http://www.mapinc.org/media/369

FAIRER DRUG SENTENCES

Now that federal sentencing guidelines for drug  convictions have been
dramatically changed to undo the  disparity between sentences for
crack and powder  cocaine offenses, it is only fair to extend some
leniency to those already serving time under the old  standards.

The glaring disparity between sentencing for offenses  involving crack
cocaine compared with those for powder  cocaine has been a searing
point of contention since  the guidelines were established by the U.S.
Sentencing  Commission in the 1980s. Under those guidelines, the
punishment for dealing 1 gram of crack cocaine -- the  rough
equivalent of a package of artificial sweetener  -- was the same as
the sentence for a dealer  trafficking in 100 grams of powder cocaine.

The disparity arose from unfounded fears that crack  cocaine was
considerably more addictive and dangerous  than powder cocaine. In
truth, the pharmacological  effect of both drugs is virtually identical.

The difference was in the users: Most crack users are  low-income
blacks; most powder cocaine users are  middle-class whites. Four of
every five crack  defendants in the U.S. are black, while most powder
cocaine convictions involve whites.

Thankfully, both the U.S. Supreme Court and the  Sentencing Commission
acted last year to correct the  unfairness in drug sentences. The
court, voting 7-2,  ruled in December that federal judges had the
discretion to reduce sentences for crack cocaine.

The Sentencing Commission, which already had agreed to  revise its
sentencing guidelines, voted in December to  retroactively review many
of the cocaine sentences  handed down using the old standards. The new
guidelines  went into effect Monday, and about 1,600 inmates became
eligible for immediate release this week.

This undoubtedly is the most controversial aspect of  the decision to
alter the guidelines. Even some of  those who concede that the
disparity in sentencing was  unfair are reluctant to release inmates
already behind  bars.

Ultimately, nearly 20,000 inmates convicted of crack  offenses could
see their prison terms reduced. But some  argue that those inmates
should stay right where they  are, saying there is no way to gauge how
many of those  inmates resorted to plea bargains, which may have
waived convictions for other serious crimes.

But this is not simply a "get out of jail free" card  for all crack
offenders. Each inmate will have to  request a reduced sentence and go
before a judge, who  will review the case before making a decision.
While  some crack offenders may have deserved the long  sentences they
received under the old guidelines, it  also is undeniable that many
first-time, non-violent  defendants received disproportionately harsh
sentences.

It is high time that thousands of African-Americans  swept off the
streets for crack have a chance to seek  the justice that the
government now has acknowledged is  due them.
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