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Is the new DOJ about to crack the stalemate over fixing the crack disparity?

By Douglas A. Berman

For many years, politicians and lawyers on both sides of the political aisle have been saying that the notorious 100-to-1 crack/powder ratio in federal sentencing statutes was unjust and should be fixed.  But, especially in the legislative and executive branches, there has been mostly talk and little action on this front.  (Some in the federal judiciary, thanks to Booker and Kimbrough and the new USSC reduced and retroactive crack guidelines, have been working toward means to better achieve case-specific justice even while other branches have avoided dealing with these issues on a systematic, system-wide basis.) With a new DOJ sheriff in town, however, there is now good reason for those eager for reform to be more hopeful than cynical.  And, though there has been little formal action on this issue to date, a hearing in Congress scheduled for Wednesday ? which just happens to be President Obama's 100th day ? could mark an important turning point in both the debate and the practical realities of crack sentencing...continue to full post

Full post as published by Sentencing Law and Policy on April 28, 2009 (boomark / email).