*WASHINGTON – President Obama today signed an historic piece of legislation that narrows the crack and powder cocaine sentencing disparity from 100:1 to 18:1 and for the first time eliminates the mandatory minimum sentence for simple possession of crack cocaine.
The Fair Sentencing Act (S. 1789), unanimously passed by the Senate in March and approved by the House last week, now becomes law at a time when the U.S. Sentencing Commission is reconsidering the legitimacy and effectiveness of mandatory minimum sentencing and ahead of a report on the subject the commission is expected to release in October.
As originally introduced in the Senate, the bill would have completely eliminated the discriminatory disparity between crack and powder cocaine sentencing under federal law.
But during the bill’s markup in the Senate, a deal was struck with Republican Senate Judiciary Committee members to simply reduce the disparity to an 18:1 ratio.
“Today is a landmark day in criminal justice. But while the Fair Sentencing Act is an extremely important step, it is also an incomplete step,” said Laura W. Murphy, Director of the ACLU Washington Legislative Office. “A sizeable sentencing gap still remains and it is time for our country to seriously re-think mandatory minimums and a one-size-fits-all approach to sentencing. We have momentum now to impose even greater change and we should not lose it.”
More than two decades ago, based on assumptions about crack which are now known to be false, heightened penalties for crack cocaine offenses were adopted. Before the Fair Sentencing Act, those penalties required 100 times as much powder cocaine as crack cocaine to invoke equal mandatory minimum sentences. The impact of the disparity fell disproportionately on African-Americans. In recent years, a consensus formed across the political and ideological spectrum on the crack and powder cocaine sentencing disparity issue, with both Presidents George W. Bush and Barack Obama urging reform.
“Even as the president signs this bill into law, there is still work to do to address the ripple effects of this unbalanced sentencing policy,” said Jennifer Bellamy, ACLU Legislative Counsel. “The remaining disparity is at odds with an American criminal justice system that requires that all people be treated equally. There is still work to be done to remedy this injustice and we urge Congress and the administration to ensure our laws are based on fact and not injustice.”
The bill signed into law by President Obama today will fail to remedy the injustices faced by people like Hamedah Hasan who are already serving their sentences. A mother and grandmother serving the 17th year of a 27-year federal prison sentence for a first-time, non-violent crack cocaine conviction, Hassan would be released by now had she been convicted of a powder cocaine offense. Under the new 18:1 sentencing disparity, her sentence will remain unchanged. Hasan has filed a petition with the Department of Justice’s Office of the Pardon Attorney asking that President Obama commute her remaining sentence. The ACLU is representing Hasan.
“The bill President Obama signed into law today, unfortunately, won’t bring my mom home,” said Kasaundra Lomax, Hasan’s daughter, the oldest of three. “I wrote a letter to President Obama earlier this year asking him to please send my mom home so she can be with us. We really need her. I hope that his willingness to sign this new law means he will seriously consider commuting the remainder of my mom’s prison sentence. Only the president has the power to bring her home now.”
To learn more about the effort to commute Hamedah Hasan’s sentence, go to: www.dearmrpresidentyesyoucan.org
source:
Mandy Simon
media@dcaclu.org
Yeah but even 18:1 is ridiculous. It’s the same damn drug in cooked form. It’s like selling straight herb vs. herb-infused brownies.
Would I really get lesser time for hanging on the corner selling weed brownies than I would a bag?
Don’t get it. Oh wait, yes I do.
Another republican compromise.
Agreed Musb, I was ready to applaud this effort til I read your post and this article. A big WTF?
“As originally introduced in the Senate, the bill would have completely eliminated the discriminatory disparity…but…a deal was struck with Republican Senate Judiciary Committee members to simply reduce the disparity to an 18:1 ratio.” WHY???? What was the rationale behind the compromise? I don’t get that, not at all.
Also this, “A mother and grandmother serving the 17th year of a 27-year federal prison sentence for a first-time, non-violent crack cocaine conviction” WTH????? Seriously, this is really happening in 2010 America??? How is this even fathomable? A one-time nonviolent offense warrants 27 YEARS? I had to re-read that, can’t believe that is allowed to happen in present-day society. Just wow.
P.S. Who came up with this “mandatory sentencing” b.s.? How can the law which is open to interpretation and is supposed to evolve along with society have ANYTHING that is “mandatory?” Mindless, beuracratic nonsense. Pure insanity.
There’s too much money involved for our government to ever consider giving up on giving folk these asinine sentences for bullshit. Here we are overly concerned about whether or not gay folk should be allowed to get married while folk are being given life sentences and more for using or selling drugs to other willing adults. And black folk want me to continue to be excited about Obama who never mentions this issue???? Nicca please!
TGEN..now you’re talking.
I don’t know the exact reason why the compromise. But after passing the senate w/unanimous consent back in March, I can’t imagine what has changed other than politics.
I think this is all the process of reevaluating the mandatory setencing laws. The law was passed because of the whole crack epidemic of the 80′s. It was followed by Cali’s 3-strike law. Back in the 90′s, some commission’s study demonstrated the clear racial imbalances resulting from the law. At the time, they suggested a reduction in the penalty and it was flatly rejected by then President who?
Bill Clinton.
That must have been one hell of a compromise. I wish some news outlet or reporter would dig deeper into this compromise. Too many people have been affected by this to just swap favors. Also, I would like to know what was the Republican motivation to keep the disparity in the law.
Now what I think is unfortunate about the law is that
1) It’s not retroactive.
2) It only applies to “federal” sentences which have no impact on local/state laws.
Ironically, most arrests occur at the state level.
That’s y’all president. I was hoping he wouldn’t sign it. Can you imagine if he had made a stand, and call out the Republicans to give an explanation to the country and the world, why is there still an 18:1 disparity? This could be a campaign coup. I don’t get Obama.
I just hope that when his fanatics start listing things that he has accomplished, they don’t include this one.
On the View, the President mentioned that politics was a “contact sport”. For whatever reason he insists on playing two-hand touch. I like the fact that he tries to be diplomatic but there comes a time when you gotta say fuck’em, this is what I believe is right, this is what I’m doing, revise the verbiage in the law, etc. I don’t believe that he is going to do that during his tenure.
I agree 18:1 is still unacceptable.
The acceptance of this legislation by Obama is another reason why I’ve lost a lot enthusiasm & respect for him. He seems to be too welling to just settle for a little-bit of something. This shit is still not even remotely close to be fair treatment for the same base drug. Cooking cocaine doesn’t make it into another drug….the base drug is still the same. Without the cocaine in crack you’d only have baking soda!! So really what’s happening is that these mudafuckas add all of this additional time to folk sentences because of baking soda!!!
I say he should’ve balled up that piece of legislation & began the push for a bill legalizing cocaine, weed, etc. Locking adults up for using and selling drugs to other adults is bullshit & a waste of tax payer money. I have yet to see a drug dealer put a gun to anyone’s head at say “bitch, smoke this crack!”
60% of the prison population would be released thus reducing the amount of prisons needed which would reduce the amount of jobs for a lot of people & a lot of money for a lot of corporations who supply prisons, etc. It’s all about money in the end.
It’s my opinion that until lawmakers say tobacco products are illegal they have no justification to say shit about damn-near any other drug being illegal because cigarettes kill more people that any street drug around!!
This bullshit war on drugs has been going on now for over 30 years & it’s produced nothing positive.