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Supreme Court justices said they would review the sentencing guidelines for drug trafficking crack offenses. Under federal law, sentences for crack possession and trafficking are much harsher than those for cocaine powder—which some argue has more to do with race than the crime itself.

In 1986, a law that critics refer to as the 100-to-1 disparity was passed in an effort to combat violent crimes fueled by crack habits. That law mandated a five-year prison sentence for those convicted of trafficking in five grams or more of crack cocaine. Only those trafficking in 500 grams or more of cocaine powder would receive the same sentence.

Most—four fifths according to the U.S. Sentencing Commission— of those convicted on crack cocaine charges in federal courts last year were black. Commission statistics show that blacks accounted for only about 25 percent of cocaine powder convictions.

Case in Point

The case of Derrick Kimbrough is central to the sentencing debate. Kimbrough, a black veteran of the first war Iraq war, was sentenced to 15 years in prison on charges of crack and cocaine dealing, and also possession of a firearm.

According to federal sentencing guidelines, Kimbrough should have been sentenced to 19 to 22 years—a term U.S. District Judge Raymond A. Jackson called “ridiculous.”

“This case is another example of how the crack cocaine guidelines are driving the offense level to a point higher than is necessary to do justice in this case. It’s the court’s view that it’s too long, but the court is bound by the mandatory minimums of 10 years on three of these counts,” said Jackson.

Opposing Views

The Bush Administration is opposed to changes in the crack cocaine sentencing laws, and the federal government appealed the shorter sentence.

Advocates for change, however, say that the harsher penalties punish blacks unfairly since statistics show that crack cocaine is an urban, minority drug while cocaine powder is an affluent drug.

An independent sentencing commission made a recommendation in May aimed at diminishing the sentencing disparity. The commission recommended that the sentencing range be reduced for crack possession offenses and urged Congress to focus on major trafficking offenses by increasing the amount of crack required for the mandatory five-year sentence.

Unless Congress acts, the recommendations will take effect in November. In the meantime, the Supreme Court will consider whether judges can use their discretion when implementing sentences in crack cocaine cases.

(Source: Time)

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