The ussc proposes an emergency temporary amendment to the sentencing guidelines, which would alter the crack cocaine drug quantities so that they reflect the 18to1 ratio created by the fsa. 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. Yet in 2006, 82% of those convicted and sentenced under federal crack cocaine laws were african american. Federal crack cocaine sentencing reform analysis o. Sentencing commissions contention that the ratio led to exaggerated sentences for crack dealers. 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. For example, distributing just 5 grams of crack cocaine about a thimble full carries a mandatory minimum fiveyear federal prison sentence. More equity in cocaine sentencing, the christian science. Politically conservative courts like the fifth, fourth and eighth circuits are not receptive to the crackpowder cocaine ratio being eliminated. There have been numerous efforts in congress to make the fair sentencing act retroactive and to eliminate the 18to 1 disparity. Bill eases penalty for crack cocaine possession the current law punishes crack users 100 times more heavily than powder. Reform the crack powder cocaine mandatory minimum sentences to reflect a ratio of 1 to 1, rather than 18to 1.
Drugs and behavior chapter 6 cocaine flashcards quizlet. Fair sentencing act american civil liberties union. It is this ratio that has resulted in crack offenders spending decades in prison while powder cocaine offenders convicted of offenses involving the same weight often spend less than two years in prison. Crack has also been blamed for an even further decline of the already poor and economically depressed inner cities, due to gang activity allied with organized. There were approximately 30,000 federal prisoners about 15 percent of all federal prisoners serving crack cocaine sentences in 2011. Congress declined to repeal the 100to1 ratio despite the u. The fsa instructs the ussc to amend the crack cocaine guidelines to reflect the laws new 18to1 crackpowder ratio. Make the fair sentencing act retroactive, so that it applies to all federal prisoners still serving mandatory minimum sentences under the old, 100to1 ratio reform the crackpowder cocaine mandatory minimum sentences to reflect a ratio of 1to1, rather than 18to1.
The fair sentencing act of 2010 was an act of congress that was signed into federal law by u. Established by the antidrug abuse acts of 1986 and 1988, the 100to1 ratio relates to the amount of crack versus powder cocaine necessary to trigger mandatory minimum prison sentences meaning that possession of five grams of crack cocaine would mandate the same minimum sentence as 500 grams of powder cocaine. In 2010, congress passed the fair sentencing act fsa, which reduced the sentencing disparity between offenses for crack and powder cocaine from 100. That 1001 ratio has been particularly hard on the black community, where convictions on federal crack laws are more prevalent.
The underlying presumption is that crack cocaine is more often associated with violence than is powder cocaine. Germane to this discussion is an understanding of the often discussed 100. 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. Congress is considering a bill to change drug laws that punish crack cocaine violations more severely than those for powder cocaine. The old 100to1 crack cocaine ratio has led to the mass incarceration of thousands of nonviolent prisoners under a law widely acknowledged as racially discriminatory. Crack rocks are white or tan in color and typically range in size from 0. For example, the 5year minimum sentence for trafficking 500g of powdered cocaine, will be imposed with a 100.
Both the house of representatives and the senate are working to undo the 100 to 1 ratio for powder cocaine vs crack cocaine enacted 23 years ago. Democratic illinois senator dick durbin, who was in favor of the 1001 ratio bill in 1986, stated that crack cocaine had just appeared on the scene, and it scared us because it was cheap, addictive. The act also changed the crack topowder cocaine ratio regarding the amount required to impose an equal sentence from 100 to 1 to 18to 1. Most of the cocaine that comes into the united states today originates in colombia, bolivia and peru. The issues raised in the appeal will be discussed in future blogs as will the united states supreme courts recent decision in kimbrough v united states, 128 s. Many lawmakers expected that long, mandatory sentences for possessing or selling crack would discourage drug use. Reform the crackpowder cocaine mandatory minimum sentences to reflect a ratio of 1to1, rather than 18to1. The disparity is particularly distressing because crack defendants are primarily black and powder defendants are primarily white and.
Participants focused on the disparity in crack cocaine sentences to powder cocaine sentences, and ways to change the 100 to 1 ratio. While the disparity in sentencing is still great at 18. Senate passes bill to reduce crackpowder cocaine ratio. Before this law was passed, the united states had a 100to1 cracktopowder cocaine sentencing disparity. In 1988, it passed another law that established a mandatory minimum penalty for simple possession of crack. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Instead, in varying from the guideline range for crack cocaine, the court must give reasons for why the ratio is too harsh when applied to the defendant. How does the new law change the old 1001 ratio between crack and powder cocaine. The bill also includes enhanced penalties for some drug offenders such as for those who distribute to a person over 64 years of age. Manufacturing crack cocaine how crack cocaine works. The senate today passed a bill reducing but not eliminating the disparate 100.
Under the old law, 50 grams of crack cocaine and 5 kilograms of powder cocaine triggered the same 10year mandatory minimum sentence. On march 17, 2010, the senate passed a bill that would reduce the cocainecrack disparity ratio from 100to1 to 18to1. Everyone seems to agree that crack cocaine use is higher among caucasians than any other group. We the undersigned are aware that equal sentencing legislation is currently moving through the halls of congress. Make the fair sentencing act retroactive, so that it applies to all federal prisoners still serving mandatory minimum sentences under the old, 100to1 ratio. Eliminate the crack versus cocaine sentencing disparity. It takes 500 grams of powder to trigger a 5 year mandatory minimum penalty. Derrick kimbrough pleaded guilty to distributing fifty or more grams of crack cocaine, along with other drugand firearmrelated offenses. 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.
Established by the antidrug abuse acts of 1986 and 1988, the 100 to 1 ratio relates to the amount of crack versus powder cocaine necessary to trigger mandatory minimum prison sentences meaning that possession of five grams of crack cocaine would mandate the same minimum sentence as 500 grams of powder cocaine. Sentencing commission report which established a 100 to 1 quantity ratio differential between powder and crack cocaine. The district court was of the view that the guidelines 100. And because many perceived crack to be much more destructive than powder cocaine, congress established the 100to1 ratio. The same mandatoryminimum sentence of 10 years is prescribed for both 50 grams of crack cocaine and for 5,000 grams of powder cocaine, a 100. In 2010 congress recognized the massive racial disparity between mandatory minimum sentences for crack cocaine offenses and cocaine offenses and reduced the. Introduced by the illinois democrat richard durbin, the bill initially. Drug enforcement agency dea, crack rocks contain between 80 percent and 100 percent pure cocaine source. A bill passed by the senate brings the 100 to 1 ratio down to 18to 1. The president certainly has an eye toward eliminating the current 20. Ronald reagan, targeted high level crack cocaine dealers, 100. The adaa also established a 100 to 1 disparity between the distribution of powder cocaine and crack cocaine 21 u. The 2010 act changed the ratio of crack to powder cocaine for purposes of imposing the same sentence for possession of each form of the drug from 100toone to 18toone. How an early biden crime bill created the sentencing.
Since the law went into effect, the ratio dropped to 18to1. That being said, the drugs are attached with disproportionate sentences as mandated by the federal sentencing guidelines for crack cocaine versus powder cocaine. In whats known as the 100 to 1 rule, federal law mandates a 10year sentence for anyone caught with 50 grams of crack, about the weight of a candy bar. Bill eases penalty for crack cocaine possession the current law punishes crack users 100 times more heavily than powder cocaine users. Finally, this court concluded its may 20, 2005 opinion that the 100. Seeking rehab for cocaine or crack addiction is an important step toward achieving sobriety.