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Criminal Law
: Governing Through CrimeCrack Follies
By Jonathan Simor
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This week saw two significant steps in removing what has been for two decades the most glaring example of racism in America's pursuit of mass imprisonment. In 1986 Congress passed a law instructing the US Sentencing Commission to create a guideline for sentencing crack traffickers that treated possession of a given weight of crack as the equivalent of possessing 100 times as much powder cocaine. Often mis-stated as requiring 100 times more punishment, the 100 to 1 rule meant crack traffickers faced sentences 5 or 6 times as long as traffickers in powder cocaine. On Monday of this week the Supreme Court held that a District Judge who chose explicitly to reject the 100 to 1 weight guideline was not unreasonable (read the decision in Kimbrough v...continue to full postFull post as published by Governing Through Crime on December 12, 2007 (boomark / email).
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