Race and class penalties in crack cocaine sentencing

The enhanced penalties for crack cocaine, he says, have proven useful, and a better course of. How race and social class ties into mandatory minimum sentencing. Despite these differences, both drugs can have devastating effects on a persons health. The anti drug abuse act of 1986 setup a basic framework for drug related mandatory minimum sentences. The us sentencing commission provided this analogy in 1997 to support equalizing penalties for crack and powder cocaine. Bill clinton was the president who pushed to equalize the crackcocaine and powder cocaine.

Mandatory minimum sentencing and black males race, racism. These harsher penalties fall disproportionately on african americans and other people of color. The committee found no racially discriminatory intent on the part of congress in enacting separate penalties for cocaine offenses but urged. General janet reno their concerns about the impact of the uneven penalties. People of color experience discrimination at every stage of the criminal justice system. Sentencing ranges lowered for crack cocaine people caught with crack cocaine now face reduced sentences, as courts implement new federal sentencing guidelines for the drug. The punishment difference between crackcocaine and powdercocaine exposes an unjust feature in the american justice system, a system that was built to be the epitome of justice. At the time the crack cocaine disparity was at 1100 ratio. The disparity in the treatment of users of crack and powder cocaine contributes to the disproportionate incarceration of minorities.

Drug quantities and crack cocaine penalties the federal sentencing laws congress passed in the 1980s were intended to impose tough sentences on highlevel drug market operators, such as manufacturers or heads of organizations distributing large quantities of narcotics, and serious traffickers with a substantial drugtrade. In 1988, congress distinguished crack cocaine from powder cocaine and other drugs by creating a mandatory minimum penalty for the simple possession of crack. The fair sentencing act 2010 reduced sentencing disparities to 18. 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. Specifically, the penalty for possessing 500g of powder cocaine was comparable to possessing only 5g of crack. In 2010, president obama signed the fair sentencing act, which reduced the federal penalty ratios from 100. 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 cracks in the system. Crack and cocaine powder sentencing disparities essay sample.

This essay argues that race and class influence drug laws through politicized means. Race, crime and lingering stereotypes the crime report. Race is at center of cracksentencing debate chicago tribune. What is the chemical difference between crack cocaine and powder cocaine that. The legislation also eliminates the mandatory minimum for simple possession of crack cocaine. Crackcocaine and methamphetamine production, sales, and use were met with criminalizing efforts because of their respective association with african americans and poor whites, two groups that have been differentially identified as threatening to hegemonic power. Future research on race, ethnicity, and sentencing should address disparity in relation to earlier e. Crack and cocaine powder sentencing disparities essay. Racial disparities and fiscal consequences of americas drug laws abstract in 1986, the united states government attempted to combat the perceived war on drugs by enacting mandatory drug laws, with a primary focus on incarcerating crack offenders. In response to the apparent social and racial discrimination, the fair sentencing act. 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. Current quantity based penalties overstate the seriousness of most crack cocaine offenses and fail to provide adequate proportionality 4.

Crack cocaine, race, and the war on drugs legal definition. Powder and crack cocaine differ in appearance, side effects, duration of effects, demographics and incarceration rates. Meaning you could have this tiny amount of crack and get a high sentence when a person with cocaine could have a higher amount and get less or no charge. That year, national news outlets began reporting inflammatory anecdotes supposedly revealing a crack epidemic. The enhanced penalties for crack cocaine, he says, have proven. An analysis of the abject failure of deterrence theory in the war on drugs deterrence theory deterrence has been the foundation for angloamerican jurisprudence for centuries fentiman, 2011, p. Crack cocaine statistics takes a look at who is using crack cocaine. However, crack cocaine convictions for possession in 1994 were handed primarily to blacks. Members voted, unanimously to retroactively modify. 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.

How race and social class ties into mandatory minimum sentencing september 14, 2015 jada. Cracking the racial disparity for cocaine sentencing center. Sep 14, 2015 for my blog i wanted to tie race and social class into mandatory minimum sentencing. The 1986 act implemented this differential by requiring 100 times less crack cocaine than powder cocaine to trigger five and tenyear mandatory minimum penalties. Ive heard it from a few news sources and yes, ill admit one is the daily show from last night now and am curious about it. Many blacks each year are consumed by crack cocaine, and often face harsher penalties than powder cocaine users. Federal sentencing data leads to the inescapable conclusion that blacks comprise the largest percentage of those affected by the penalties associated with crack cocaine, the sentencing. In a new book, punishing race, michael tonry, professor of law and public policy at the university of minnesota, examines the disproportionate impact of. Race, crime, and justice final exam flashcards quizlet. The stark difference in federal sentencing laws for possession of the two. What does crack cocaine, race, and the war on drugs mean in law. Definition of crack cocaine, race, and the war on drugs in the legal dictionary by free online english dictionary and encyclopedia. October 08, 20 criminal law and criminology 4 comments 3 min read. Current penalties sweet too broadly and apply most often to lower level offenders not the big dogs 3.

Jun 20, 2018 this essay argues that race and class influence drug laws through politicized means. In 1988, congress distinguished crack cocaine from powder cocaine and other drugs by creating a mandatory minimum penalty for the simple possession of crack cocaine, the only such federal penalty for a first. The federal crack cocaine sentencing laws of the 1980s have received significant attention due to their highly disproportionate racial outcomes, but other policies have produced similar effects. Federal crack cocaine sentencing the sentencing project. Data show racial disparity in crack sentencing congress passed the fair sentencing act to make punishments for crack and cocaine more equal. Cracking the racial disparity for cocaine sentencing. How race and social class ties into mandatory minimum. 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 have recently emerged. Race, drugs, and law enforcement in the united states. Ever wonder what the difference is between crackcocaine and. Bill eases penalty for crack cocaine possession the current law punishes crack users 100 times more heavily than powder cocaine users.

That year, national news outlets began reporting inflammatory anecdotes. For my blog i wanted to tie race and social class into mandatory minimum sentencing. Race and class penalties in crack cocaine sentencing. The drugsentencing bill attracted little notice in washington. 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. The impact of fairer sentencing of crack possession pacific. Disparities in sentencing as blacks are the largest users of crack cocaine, and users tend to purchase drugs from those of like race and ethnicity, black street dealers have been. Mandatory minimum sentencing laws are ultimately a set minimum sentence you have to serve regardless of the circumstances. Origins of federal cocaine sentencing policy crack cocaine became prevalent in the 1980s and received extensive media attention, due in part to its exponential growth in the drug market. Current penalties exaggerate the relative harmlessness of crack cocaine 2. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a.

Assistant majority leader dick durbin dil introduced the fair sentencing act of 2009, a narrowlytailored bill that would eliminate the sentencing disparity between crack and powder cocaine and increase penalties for the worst offenders. Criminalization and drug wars or medicalization and health. Crack and cocaine are both drugs created from the coca plant but have a different level of refinement. 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. In what case did the supreme court rule that mandatory. Although cocaine is an illegal drug, the difference between its users is evident when it comes to the cost, distribution, incarceration rates, ethnicity, class and more. This sentencing law prohibits any and all leniency from judges.

Deterrence theory is heavily influenced by classical theory, the criminological theory that dominated the late 1700s and much of the 1800s. This round of drug laws ensured that it would take one hundred times as much powder cocaine to trigger the same mandatory penalties as a given amount of crack. Despite comparable rates of usage, people of color are more likely to be sentenced and incarcerated for crack cocaine than their white counterparts. This issue recently has assumed national attention as a result of marked differences in race, drug, and criminal sentencing 41 the treatment of powder cocaine in contrast to crack cocaine in the federal sentencing guide lines. Oct 30, 1995 federal sentencing data leads to the inescapable conclusion that blacks comprise the largest percentage of those affected by the penalties associated with crack cocaine, the sentencing. Cocaine is derived from the coca plant, which is indigenous to south america. Unjustified and unreasonable overview crack cocaine became prevalent in the mid1980s and received massive media attention due in part to the death of college basketball star len bias subsequently found to have used powder cocaine on the night of his death and not crack. Class, crack and powdered cocaine lenny vs the universe. Crack cocaine was perceived as a drug of the black innercity urban poor, while powder cocaine. Aug 03, 2010 data show racial disparity in crack sentencing. At the time, possession of crack cocaine resulted in penalties 100 times higher than possession of an equal amount of the powdered form. The enhanced penalties for crack cocaine, he says, have proven useful, and a better course of action would have been to instead raise the. Jun 19, 2009 public discourse focused on addiction and violence but the subtext was understood as that of race.

This paper was adapted from an earlier report by the sentencing project entitled race and class penalties in crack cocaine sentencing. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Bill clinton was the president who pushed to equalize the crack cocaine and powder cocaine sentences. Before 1986, federal sentencing laws treated possession of crack and powder cocaine the same. Thus, federal sentences for crack were constructed to relate to sentences for powder cocaine in a 100. Sentencing ranges lowered for crack cocaine people caught with crack cocaine now face reduced sentences, as courts implement new. Criminalization and drug wars or medicalization and. In fiscal year 2010, before the passage of the fair sentencing act, almost 4,000 defendants, mainly black, received mandatory minimum sentences for crack cocaine. Crack and cocaine powder sentencing disparities essay example. Sentencing commission held a public meeting on lowering crack cocaine sentencing guidelines.

Meaning of crack cocaine, race, and the war on drugs as a legal term. May 18, 20 in fiscal year 2010, before the passage of the fair sentencing act, almost 4,000 defendants, mainly black, received mandatory minimum sentences for crack cocaine. I can see the obvious racist qualities of it, but when the laws were passed, was there a reason for it that actually justifies being lenient on cocaine users. Anyone could be effected by mandatory minimum sentencing, it hit african americans and other races much harder due to the circumstances. Public discourse focused on addiction and violence but the subtext was understood as that of race. It is evident that class barriers exist between powder cocaine and crack cocaine users. Data show racial disparity in crack sentencing us news. Use of crack cocaine affects every region, race, gender, age, and economic status. Sentencing commission figures, no class of drug is as. Fair sentencing act american civil liberties union.

In what case did the supreme court rule that mandatory crack penalties were advisory in nature. The laws mandatory penalties for crack cocaine offenses were the. Race, drugs, and law enforcement in the united states human. According to a report published by the sentencing project about 23 of crack cocaine users are white or hispanic. The sentencing disparities between crack and cocaine attn. Race is at center of cracksentencing debate chicago.