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Senate passes bill to reduce cocaine sentencing disparity

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The US Senate unanimously passed legislation Wednesday to reduce sentencing disparities for powder and crack cocaine offenses. The Fair Sentencing Act, introduced by Senator Dick Durbin (D-IL), would amend existing law to reduce the sentencing disparity between crack cocaine and powder cocaine convictions from 100:1 to 18:1. Durbin, who originally voted for the sentencing disparity, said that he would have preferred a 1:1 sentencing ratio but was happy with the compromise. The American Civil Liberties Union (ACLU) praised the bill but said it does not go far enough and that the proposed sentencing disparities would still disproportionately affect African-Americans. Director of the ACLU Washington Legislative Office Laura Murphy said:The Fair Sentencing Act is an encouraging step toward eliminating the sentencing disparity between crack and powder cocaine but still allows for a needlessly unfair sentencing framework. The unanimous passage of this bill speaks to the understanding across the political spectrum that this disparity is unjust and in need of reform. Years of research has yielded no evidence of any appreciable difference between crack and powder cocaine and yet we continue to inflict this disparity on Americans. "For over two decades, this sentencing disparity has been a stain on our justice system. Though this bill's passage is long overdue, it does not go far enough. Without a simple and fair 1-1 sentencing ratio for crack and powder cocaine, we cannot say that these sentencing laws meet constitutional muster.The proposed law would also eliminate the five-year mandatory sentence for first-time possession of crack cocaine and would increase monetary penalties for drug trafficking. An identical version of the bill is expected to be passed by the House and signed into law by President Barack Obama.The bill was approved by the Senate Judiciary Committee earlier this month. In July, the House Judiciary Committee voted to completely eliminate the sentencing disparity. US Attorney General Eric Holder and other officials have also spoken publicly in favor of sentencing reform. In 2008, more than 3000 inmates convicted of crack cocaine offenses had their sentences reduced under an amendment to the Federal Sentencing Guidelines.

Full post as published by JURIST - The Paper Chase on March 18, 2010 (boomark / email).