www.mapinc.org/resource/#activism
Pubdate: Fri, 1 May 2009
Source: New York Times (NY)
Copyright: 2009 The New York Times Company
Contact:  http://www.nytimes.com/
Details: http://www.mapinc.org/media/298
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)
Bookmark: http://www.mapinc.org/topic/crack+cocaine

FAIRNESS IN DRUG SENTENCING

Congress's decision to mandate longer prison terms for people 
arrested with crack cocaine than those caught with the powdered form 
of the drug was both irrational and discriminatory.

The theory behind the law, that crack -- cocaine cooked in baking 
soda -- was more addictive and led to more violent crime was soon 
proved false. But by then, the country was locked into a policy under 
which the mainly minority drug users arrested with small amounts of 
crack were getting harsher sentences than white users caught with far 
larger amounts of powder.

The United States Sentencing Commission, which sets sentencing 
guidelines for the federal courts, reports that in 2006, 82 percent 
of the people convicted under the federal crack statute were black 
and only 9 percent were white. Many of the people given those harsh 
sentences were also first-time offenders who could have been 
rehabilitated through community-based drug treatment programs. In 
addition to ruining countless young lives, the policy undermined 
trust and confidence in the criminal justice system.

Congress has repeatedly ignored calls to equalize sentencing, partly 
because Justice Department officials in previous administrations have 
argued against it. This week, however, Lanny A. Breuer, the new chief 
of the Justice Department's Criminal Division, told lawmakers that it 
was time to revisit the crack/cocaine disparity.

Mr. Breuer argued that the sentencing disparity was "difficult to 
justify based on the facts and science, including evidence that crack 
is not an inherently more addictive substance than powder cocaine." 
The law was especially problematic, he continued, "because a growing 
number of citizens view it as fundamentally unfair."

Mr. Breuer is right. Instead of perpetuating this discrimination, 
Congress should quickly move to equalize the penalties for the 
possession of crack and cocaine. 
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MAP posted-by: Richard Lake