By: LINDSEY O’NEILL, ESQ.
New legislation has been introduced to Congress to equalize the sentencing for crack and cocaine drug offenses. Currently, there is a 100-1 sentencing disparitybetween convictions for offenses involing “crack” or “powder cocaine.” The legisitation, called the Fair Sentencing Act of 2009, would equalize the sentencing guidelines for these two drug offenses.
It started with the Anti-Drug Abuse Act of 1986, which at the time was designed to aggressively target the increase in crack cocaine crime. Under the law, those convicted of crimes involving “crack” cocaine were punished on a 100-to-1 ratio compared to those whose crimes involve cocaine in powder form. Thus, a person who dealt five grams of crack cocaine (the weight of two pennies) could face 5 years in prison…. but person had to deal 500 grams of powder cocaine for a similar sentence. Worse, as the years went on, some reports indicated that first-time offenders caught selling five grams of powder cocaine typically only received 6 months in prison, and would often be eligible for probation, while first-time offender selling the same amount of crack faced the mandatory five year prison sentence. Another disparity was that the majority of dealers convicted for crack cocaine offenses were Black, while most convicted for powder cocaine offenses were White.
Given the unfairness of the drug policies, several organizations advocated for a change in the “100:1″ crack-cocaine sentencing laws and it was one ofPresident Obama’s campaign pledges to equalize the punishment for the offenses. Under the new laws, a person would have to be caught with 500 grams of crack cocaine to go to prison – same as for powder cocaine.
There are many policy reasons behind the push for the new law – primarily to address the racial disparities mentioned, but also to refocus law enforcement efforts on drug king-pins rather than street-level dealers.
WHERE IS THIS FAIR SENTENCING ACT 2009 AT RIGHT NOW IN THE SENATE?
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HOW LONG BEFORE YOU DO SOMETHING TO BRING THESE MEN AND WOMEN HOME TO WHAT’S LEFT OF THEIR FAMILIES?
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is the act in effect yet if so when did it go in
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Why wont anyone answer these questions. How long before these men and woman come home to whats left of their family.
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TIMIKA Reply:
October 24th, 2010 at 11:09 pm
IDK. I WISH I DID. ITS ASHAME HOW THESE MEN SUFFER FOR A NON-VIOLENT CRIME
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In Response to Shantay:
As long as their sentences. Dont do the crime if you cant do the time.
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TIMIKA Reply:
October 24th, 2010 at 11:12 pm
EVERY1 HAS MADE A MISTAKE IN LIFE. U LIVE AND LEARN. NO MAN SIN IS BIGGER THAN THE NEXT. ITS ALL THE SAME IN GODS EYES. HOW BOUT THESE PPL RAPIN AND KILLIN? THEY GET OUT IN 5YRS AND SOME1 THT HAS SOLD DRUGS ONCE IN THEIR LIFE(DNT KNW HOW A PERSON WAS RAISED) GETS 10 OR MORE. NOT FAIR AT ALL.
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Yesterday congress voted to change the laws to a 20-1 ratio. Justice still haven’t fully been served to equalize the law, scientifically it is the same drug just in different form.
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Symone Reply:
April 2nd, 2010 at 11:30 pm
This is very true. To name it the Fair Sentencing Act when they are not offering a fair sentence is a huge contradiction
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Does this mean that all the people sentenced under the old law, will be released under the new law?
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Lindsey Reply:
March 16th, 2010 at 10:00 am
Hi Louise.. I really don’t know. I would think that any person sentenced under the old law and still serving that time should speak to their attorney regarding whether any options have become available to reduce their sentence for their particular case.
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I AM TOTALLY FOR THE NEW LAW. ITS CRAZY HOW THESE SICK PERVERTS RAPE AND MOLEST KIDS AND THEY SERVE 5YRS AND COME HOME. WHEREAS U HAVE A PERSON THT SOLD DRUGS AND NO VIOLENT HISTORY GET 10 OR MORE YEARS. THEN MOST OF THE TIME THEY ARE BEIN CONVICTED OF CONSPIRACY. NO DRUGS FOUND. EXPLAIN THT CUZ I DNT UNDERSTAND. SEND THOSE NON-VIOLENT MEN HOME TO THEIR FAMILIES AND KEEP THE ANIMALS IN THEIR CAGE
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