Under the Act, a person caught holding a few small bags of crack rocks, even if for her own use, faced the same penalty as a major powder cocaine carrier. Almost immediately upon its passage, African-American defendants experienced the harsh crack cocaine sentences imposed by the Act.
Crack cocaine's lower price, ease of production, and manner of distribution small quantities sold to individuals for personal use was thought to have made it more accessible in poor, urban communities than powder cocaine. Young black men found themselves in the crosshairs of enforcement efforts aimed at halting the unproven "crack epidemic" the Act supposedly addressed.
It became clear that the Act's overly harsh punishment disproportionately targeted a racial minority, which made many of its prior supporters question its legitimacy. Many of the very legislators who voted for passage of the Act expressed dismay that the vast majority of defendants charged with and convicted of crack cocaine possession were African-American males, while most defendants in powder cocaine possession cases were Caucasian or Latino. And the media along with the general public began to note the lack of credible scientific evidence justifying the vastly different treatment of the two forms of the same drug.
Federal courts, for the most part, rejected arguments by defendants charged with crack cocaine possession that the Act violated the 14th Amendment's Equal Protection Clause because of the different treatment of the two forms of cocaine and the resulting disproportionate effect on African-American defendants.
It became clear that the problem could only be addressed by Congress. Congress took up and defeated a series of proposed laws designed to overhaul the Act in the years to In , Congress at last revised the Act. President Obama signed the Fair Sentencing Act of , doing away with the five-year mandatory minimum for possession of five grams of crack cocaine, and increasing the amount of crack required to result in a mandatory sentencing for federal drug trafficking crimes. The Act changed the ratio of crack to powder cocaine for purposes of imposing the same sentence for possession of each form of the drug from to-one to to-one.
So, the federal law still imposes a different and harsher sentence for crack cocaine possession than it does for powder cocaine possession, but the disparity is not nearly as great as under the Act. Regardless of changes in federal law, a charge of crack or powder cocaine is a very serious charge. If you face drug possession charges, you should see a lawyer immediately. Only an experienced criminal defense lawyer who is familiar with the law in your state or, if the case is in federal court, an experienced federal practitioner will be able to advise you as to the strength of the case against you and the availability of any defenses.
And only a local lawyer who knows the prosecutors and judges in your courthouse can give you a realistic assessment on how the case is likely to proceed. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. The U. Sentencing Commission also reduced crack sentences for about 16, offenders in A recent study found that those who received retroactive crack sentence reductions in reoffended at slightly lower rates than crack offenders who served longer sentences.
This shows that making crack sentencing reforms retroactive does not increase crime or endanger the public. Read the Bill Text: S. The Smarter Sentencing Act S. The bill does not repeal any federal mandatory minimum sentences, but instead reduces prison costs and populations by creating fairer, less costly minimum terms for low-level federal drug offenders.
Read the bill text: S. Take action! Senate to pass the Smarter Sentencing Act S. While changes created by the Fair Sentencing Act are profound, the original concerns expressed by advocates regarding the excessiveness of punishments for relatively low-level crack cocaine offenses and the continued sentencing disparity between two forms of the same drug remain.
Moreover, the significant racial disparity in federal prisons will continue. This briefing paper provides background on the cocaine sentencing debate, explores the racial impact of the crack sentencing disparity, and clarifies the misperceptions regarding crack addiction. On August 3, , President Obama signed the Fair Sentencing Act, legislation that limits the stiff mandatory minimum sentences for low-level crack cocaine offenses that bipartisan leaders agree were overly harsh and unjust.
To read the briefing paper, download the PDF below.
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