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Criminal Law

: Sentencing Law and Policy

"Make new crack law retroactive"

By Douglas A. Berman

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The title of this post is the headline of this opinion piece appearing in today's National Law Journal authored by Harlan Protass and Mark Harris. Here is how it starts and ends: Last month, President Obama signed landmark legislation revising broadly condemned laws passed in the late 1980s that punished crack cocaine offenses much more harshly than crimes involving powder cocaine. The new law raises the minimum amount of crack required to trigger a five-year mandatory minimum sentence from 5 to 28 grams, and the amount of crack required to generate a 10-year mandatory minimum from 50 to 280 grams. Although far from perfect ? the new law still maintains an excessive distinction between crack and powder cocaine ? the changes could, according to the U...continue to full post

Full post as published by Sentencing Law and Policy on September 27, 2010 (boomark / email).

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