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Why are 1 in 9 young Black men in prison?
James, Van, Gabriel, Clarissa, Mervyn, Andre, and the
rest of the
ColorOfChange.org team
The so-called "war
on drugs" has created a national disaster: 1 in 9 young
Black men in America are now behind bars.1
It's not because they commit more crime but largely
because of unfair sentencing rules that treat 5 grams of
crack cocaine, the kind found in poor Black communities,
the same as 500 grams of powder cocaine2, the
kind found in White and wealthier communities.
These sentencing
laws are destroying communities across the country and
have done almost nothing to reduce the level of drug use
and crime.
Senator Joe Biden
is one of the original creators of these laws and is now
trying to fix the problem.3 But some of his
colleagues on the Senate Judiciary Committee are
standing in the way. Join us in telling them to stand
with Joe Biden and undo this disaster once and for all:
Stop Discriminatory Sentencing
Tell the Senate to support S. 1711
http://colorofchange.org/crackpowder/
At every step in
the criminal justice system, Black people are at a
disadvantage -- we are more likely to be arrested,
charged, and convicted, but less likely to have access
to good legal representation, and get out of prison on
parole.4 While there's no denying that the
presence of crack has a hugely negative impact in Black
communities across the country, it's clear that the
overly harsh crack sentencing laws have done more to
feed the broken system than improve our communities.
You have to be
convicted of moving roughly $500,000 worth of cocaine to
trigger a 5-year sentence.5 For crack? About
$500 worth.6 These laws punish the
lowest-level dealers, while providing a loophole that
helps those running the trade escape harsh sentences.
Recently, attention
has turned to these ill-conceived policies as prisons
burst at the seams with non-violent drug offenders. The
U.S. Sentencing Commission, which provides sentencing
guidelines for judges, has petitioned Congress numerous
times to change the sentencing laws.7 Senator
Biden was actually one of the original architects of the
disparity, but now he's working to undo the damage with
a new bill in Congress (Senate bill 1711). The new law
will completely eliminate the sentencing disparity and
end the mandatory minimum for crack possession, while
increasing funding for drug treatment programs and
providing additional resources for investigating and
prosecuting major cocaine kingpins.8
But of course,
there are foes of this plan. Others want to see the
disparity reduced to 20-to-1 or 10-to-1, but not
eliminated. As Bill Piper of the Drug Policy Alliance
recently said, that "would be like amending the
Constitution's three-fifths clause to make
African-Americans fourth-fifths citizens or
desegregating 60 percent of public establishments
instead of all of them."9 Senators on the
Judiciary Committee need to hear that there is strong
support for a full elimination of the disparity.
We can take this
opportunity to join the Sentencing Commission and
countless other advocates in calling on Congress to
change this unjust law. Please join us:
http://colorofchange.org/crackpowder/
Thank You and Peace,—James,
Van, Gabriel, Clarissa, Mervyn, Andre, and the rest of
the Color of
Change Team
March 26th, 2008
| References
1. "1 in 100 U.S. Adults Behind Bars, New
Study Says," New York Times, 02-28-08
http://www.nytimes.com/2008/02/28/us/28cnd-prison.html
2. "Crack/Cocaine
Sentencing Disparity," Drug Policy Alliance
http://www.drugpolicy.org/drugwar/mandatorymin/crackpowder.cfm
3. "Legislative
Proposals for Reform of the Crack/Cocaine
Disparity," Drug Policy Alliance, 09-07-07
http://www.drugpolicy.org/library/factsheets/raceandthedr/crack_cocaine.cfm
4. "Annotated
Bibliography: Racial Disparities in the
Criminal Justice System," Sentencing Project
http://tinyurl.com/297waj
5. "Cocaine
Price/Purity Analysis of STRIDE Data," Drug
Enforcement Agency
http://www.dea.gov/concern/cocaine_prices_purity.html
6. "Cocaine Addiction,"
Dual Diagnosis Treatment Center
http://www.dual-diagnosis-treatment-center.com/cocaine-addiction.html
7. "BIDEN Calls for an
End to Crack/Powder Cocaine Sentencing
Disparity," Biden for Senate, 02-13-08
http://tinyurl.com/2bb959
8. See reference 3.
9. "Congress to Hold
Historic Hearing Tuesday on Draconian
100-to-1 Crack/Powder Sentencing Disparity,"
Drug Policy Alliance, 02-25-08
http://www.drugpolicy.org/news/pressroom/pr022508.cfm
Additional resources:
"Race and the Drug
War," Drug Policy Alliance
http://www.drugpolicy.org/communities/race/
"Federal Crack Cocaine
Sentencing," The Sentencing Project
http://www.sentencingproject.org/PublicationDetails.aspx?PublicationID=573
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BIDEN Calls for an End to
Crack/Powder Cocaine Sentencing Disparity—Our
intentions were good, but much of our information
was bad. Each of the myths upon which we based the
sentencing disparity has since been dispelled or
altered. We now know:
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Crack and powder cocaine are
pharmacologically identical. They
are simply two forms of the same
drug.
-
Crack and powder cocaine cause
identicalphysiological and
psychological effects once they
reach the brain.
-
Both forms of cocaine are
potentially addictive.
-
The two drugs’ effects on a fetus
are identical. The “generation of
crack babies” many predicted has not
come to pass. In fact, some research
shows that the prenatal effects of
alcohol exposure are “significantly
more devastating to the developing
fetus than cocaine.”
-
Crack simply does not incite the
type of violence that we
feared. Gangs that deal in other
types of drugs are every bit as
violent as the crack gangs.
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“After 21 years of study and review,
these facts have convinced me that the 100-to-1
disparity cannot be supported and that the penalties
for crack and powder cocaine trafficking merit
similar treatment under the law.Biden.Senate
Press Statement
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Race and the
Drug War—Once arrested, people of color are
treated more harshly by the
criminal justice system than whites. The
best-known example of the inequality in sentencing
is the disparity between crack cocaine and powder
cocaine sentences. Crack and powder cocaine have the
same active ingredient, but crack is marketed in
less expensive quantities and in lower income
communities of color. A five gram sale of crack
cocaine receives a five-year federal mandatory
minimum sentence, while an offender must sell 500
grams of powder cocaine to get the same sentence. In
1986, before the enactment of federal mandatory
minimum sentencing for crack cocaine offenses, the
average federal drug sentence for African Americans
was 11 percent higher than for whites. Four years
later, the average federal drug sentence for African
Americans was 49 percent higher.
Drug Policy
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posted 27 March 2008 |