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Sentencing: House Subcommittee Approves Reducing Federal Crack Cocaine Penalties

An end to the notorious sentencing disparity between crack and powder cocaine may be in sight. After more than a decade of congressional dawdling since the US Sentencing Commission called for the disparity to be ended because of its racially disproportionate impact, a bill that would do so is finally moving in the Congress.

http://stopthedrugwar.org/files/crackcocaine.jpg
DEA crack cocaine photo
Under current federal law, it takes 500 grams of powder cocaine to garner a five-year mandatory minimum prison sentence, but only five grams of crack to earn the same time. The 100:1 sentencing disparity has been widely criticized for years, especially because about nine out of 10 federal crack prosecutions are aimed at African-Americans. (Most crack users are white, despite popular belief.)

On Wednesday, the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security passed H.R. 3245, the Fairness in Cocaine Sentencing Act of 2009. They did so unanimously, making the vote a striking moment of bipartisanship on a once controversial issue. The bill removes all references to "cocaine base" -- federalese for crack -- from the US criminal code, effectively treating all forms of cocaine the same for sentencing purposes.

The bill is sponsored by Rep. Bobby Scott (D-VA) and has 20 cosponsors, including every Democrat on the subcommittee. It now heads to the full House Judiciary Committee, which is headed by Rep. John Conyers (D-MI), also an ardent supporter of ending the sentencing disparity.

Sentencing reform advocates cheered the bill's progress. "I knew it was coming," said Julie Stewart, president of Families Against Mandatory Minimums. " There has been so much attention paid to sentencing policies in the past six months that it was only a matter of time before one of the half-dozen sentencing bills in Congress would start moving. Today it did."

Repealing the crack/powder cocaine sentencing disparity is a much needed step in restoring trust and enacting smarter policies , said Stewart. "If Congress eliminates the sentencing disparity between crack and powder cocaine, it would not only restore some faith in the justice system among the communities most affected by the law, it would reduce prison overcrowding and free up funding for more effective rehabilitation efforts. A minimum of $26 million would be saved in the first year of the reforms and nearly $530 million over the next 15 years," she said. "FAMM strongly urges Congress to make the changes retroactive so that people currently serving unjust sentences for crack cocaine can benefit and taxpayers will see even greater savings."

Consequences of Prohibition Police-Community Tensions
Politics & Advocacy Congress

crack cocaine sentence

I want to thank the people who or pushing to change the crack cocaine laws. My husband is a victim of this law and the whole family and tax payers suffers. He has been gone over 13 years now. He learned his lessen a long time ago. I am a disable mother of 4 supported by state funds (welfare, Social Security and SSI). I really don't believe it is the state responsibility to take care of me and my family. I believe it is the responsibility of my husband. The tax payer are paying for him to serve his time as an inmate by providing him with housing, lights, gas, food, etc., The tax payer provide me with housing, food stamps and cash aid. Please help. My husband needs to be at home so he could provide for his family.

Once again thanks for pushing to change such laws. I don't think it fair for no one who commits a crime to be punished by tax payers paying for the them to live for free. The inmate only worry is to have money on their books so they could call home. Don't get me wrong, I believe if you commit a crime you should do the time. But for someone to sell drugs to someone who willfully buy them. Should not serve 25 to life so the tax payer could take care of him or her for the rest of their lives, but maybe community service for the duration of their time. Let the punishment fit the crime.

I want to thank everyone

I want to thank everyone that is all in favor for this law to change. I think it is ridiculous how people get more time for selling drugs then for a person taking another human's life. I have been away from my husband since 2003. He needs to be home with his wife and daughter. I also want to say that alot of younger african american males are in prison for 15 to 20 years or longer due to this 100:1 crack law. And with the help of our people we can bring alot of non violent first time offenders home like my husband who only been in trouble for driving until 2003 and he was only 21. Again me and my family would like to thank everyone that is helping to make a change because we do need it.

I truly hope this gets

I truly hope this gets passed as well so hopefully it'll end my nightmare. My father went to prison when I was 7 weeks old and now I am 20 he still is not close to the end of his sentence. These laws are cruel! It is very sad that my father lost 20 years of his life for a non-violent crime when sex offenders get less time. That is a true failure in this so-called 'justice' system. I pray that this is made retroactive as well, it is only fair to the people that were sentenced under these cruel laws!

I WOULD LIKE TO THANK

I WOULD LIKE TO THANK EVERYONE THAT IS SUPPORTING THE CRACK COCAINE LAW. MY FIANCE IS DOING TIME RIGHT NOW AND HOPEFULLY WITH THIS NEW LAW HE CAN COME HOME TO ME. AND START A NEW BEGINNING FOR THE BOTH OF US. IT ISNT FAIR THAT THEY GIVE THEM SO MUCH TIME FOR A NON VIOLENT CRIME. HE HAS LEARNED HIS LESSON AND HOPEFULLY HE CAN BE HOME SOON. THANK YOU.

I pray all is well and i God

I pray all is well and i God is good. Families are torn apart because of this.My fiance been in since my daughter was 1 month old and now shes going on three. despite his crime hes a wonderful father and if society dont give them a chance by letting them a get a job, what else can they do? I truly believe thats the wat the way the sytem was made to keep a black man down. In the midst of the storms i still thank God.

I thank God everyday. My

I thank God everyday. My daughters father has been down since she was 3 months old. He is a great father. I share your concern and God will see us through. Stay strong and hold on to your faith.

sentence reform

when the bill becomes law each person that was sentenced under the old mandatory law should automatic receive a reduction in their sentence without them applying for it. it was unfair from the beginging. you can't buy 5 grams of crack cocain for the same price as 500 grams of power cocain so why should the punishment be the same? that does not make sense. not only are the law breakers going to answer to God for their actions SO ARE THE LAW MAKERS. God help us to treat others as we would want to be treated.

Long time coming

First and foremost ide like to thank the lawmakers who are partaking in the passing of this bill. It has been a long time coming and so many families have been torn apart for a crime that isnt even as wrong as others. The thing I wish for the most though is that after all is said and done.. these men and woman who have paid there time, get a speedy release.. I think they have waited to long and the longer they wait the more vulnerable they become. I think they deserve to go home to there loved ones and not have a long waited out "system of release" to think about... Its enough that they have paid there time and now have to think about what they must do to take care of themselves and/or family members.. they had nothing but time.. So I ask that these same lawmakers make it quick for them and there loved ones, theyve already paid there price...

Very Happy

I am so very happy that change has come where change was due. It makes me mad to see people being locked up for long periods of time for drug cases and those who commit murders and different violent crimes get less time or in some cases get off for them.I feel it's a better way to sentence people with nonviolent drug cases such as comunity service or rehabilatating them.Hopefully this will be retroactive so that my kids and there father can reunite instead of losing time, these kids need their fathers!

God is a good GOD!!!

Its long overdue for the system to start being fair to all races.

cant belive this has been going on for this long...

I'm praying every day that something gets done soon. i'm going to be sentence on oct,9 and even though the judge in my case is very vocal in letting the goverment know that thier wrong in how they are still trying to give such long sentences with so much possitive progress in reforming the mandatory minimums theres not much he can do to help me because of these laws that where put in place. i cant belive this has been going on for so long. i'm not a drug dealer i was set up by one of my friends and even though i could argue intrapment it's not worth risking 10 more years of my life without my kids. my charge is a 10 year mandatory minimum. if i was to go to trial and lose i could be facing 20 years. if this where cocain i would be getting 18 months of probation or if i went to tial and lost i would get 24 months in prison. how about that for our justice system. the thing that i dont get is if change is more likely to come and the country is in a recesion how come the goverment aint giving better deals to help cut cost. i've been out on bail for 2 years and they aint change thier plea deal from march of 08 giving how great i've been in those 2 years. I PRAY FOR US ALL AND GOD SPEED...

i hope this law changes

i hope this law changes because like the person that wrote before me i have a federal drug case and i got setup and got caught with 51.99 grams of crack and i took that same 10yr deal and now with my 2 prior felonies for weed the federal guidlines are saying i should get between 260 to 310 months so i pray the laws change soon and i would like to say thank you to who ever pushing this law through and one more thing if you rat you should die because thats how i got caught up

My son

My son has been incacerated for 20 yrs. He was given a 35 year sentence to life. His children are grown with children and its not fair that my son get all these years without no killings, no crack found,no money or anything, they went by the word of two snitches that were drug dealers themselves. My son would not snitch on anyone and pleaded not guilty on all charges. The judge said they would use him as an example in the state of Iowa. He had no priors, never been in jail. of course he is a black male and Iowa keeps deining all of his paper work. I pray this new law will et him free! He has more time then baby killers, murderers.

drug law changes

the love of my life is also a victom of the harsh punishment they put on these men and women the us really has its values messed up when they put a drug before someones life and not only a life but the life of a child when a man can violate a woman in an alley or crawl thrugh her window and while attacks her while she sleeps or when its ok to invade a childs innocents i just cant grasp that i mean im not trying to condone anything that he has done but all that drug dealing they never caught my guy selling anything didnt catch him with anything at home no money or drugs but cause of a misdemeanor charge that he had concluded and now they say they have him on something else on him his prier misdemeanor which by the way was no violent but it can bump up his sentence and have to sevre for his no violent misdemeanor it is just ludicrous i will be so glad when the us court gets priorities straight

My husband

My husband has been gone since may 2008 for a federal crack drug case. We have had a child since he has been gone, and the thought of him not getting out for 20 years makes me sick to the stomach everytime i think aout it. With all that time he would have a better chance rehabilitating himself, they need to spend taxpayers money on something more wiser. I just pray and hope and keep faith that they will reduce these sentences. Its not fair to hand out all this time for small amounts of crack, the ppl selling this small quantities of crack are not the BIG TIMERS its the ones selling Cocaine and they come out with a lesser sentence. All my husband was thinking about was taking care of his family, it may not have been the right thing but he didn't commit a violent crime. KEEP FAITH THE FEDERAL SENTENCING CHANGES.....

MY SON FATHER

Ihad just found out i was pregant when my son father went to jail he got sentance under ther crack law but got cought with powder and got 17yrs my son never ever seen his father never touch his father only thing that he did was write and talk to him on the phone antoina was sentance to 17 yrs and been gone 12 and and half yrs it's not right that he got al that time and i have to raise my child buy myself and pray an that he grow up and do right because they taken away all our black man and leven us women to raise our kids by our self they givng our black man man more time then they ever live and yes they did wronge but people learn and my son is 12 yrs old and in every sport but i can't teach him how to be a man i need his help and i hope that he get out soon free our black man what ever happen to 2nd chance

crack

i have one step son doing 14yre for crack cocaine one brother did 5yrs but you know the funny thing is that my cousin was murdered and his killer only did 3 yr for taking his life so now maybe my step son may have a chance at having a life . he has done half of his time and i know he has learned a very hard leson for what he did its a terrible thing when a person gets more time for crack than a man who takes a life here in martinsburg wv if you even know anyone the police thinks sells coke you are harassed and belittled by them we are family just because a person sold coke doesnt mean they are bad people and should have a chance to life outside . and if by chance your name is redman you dont get that chance just because of your last name they arnt bad people just made wrong choices so dont take away the rest of there lives they love and cry just like anyone else we feel loss to

Unfair Treatment

I have several friends who fell under this unfair crack law. Im not justifying that its ok to sell drugs in order to survive financially, but the sentencing guidelines are acceptable forms of cruel and unusual punishment. The state and federal government are locking up prisoners for years, without the chance of rehabilitation. Being that the inmates are in prison on non-violent crimes, who's to say after being released they wouldn't be law abiding citizens? Five years ago I was convicted of possession of cocaine, and was sentenced to three years of probation. Although I didn't receive prison time, the conviction is on my record and it has been a challenge becoming gainfully employed. Ex-offenders are automatically stero-typed by society, despite the fact they did they're crime and the time. Ex-offenders lose faith in they're country from being rejected and resort to their previous criminal activities. The Government should have more programs and alternatives to helping those who have been previously incarcerated. No one is perfect and everyone makes mistakes and disobeys the law in some aspect, but not everyone gets caught.

Daddy is missed so much

The love of my life and father of my beautiful daughter was taken away form us when she was only 6 days old. Like many of the stories I have seen on here he too was set up by what was a childhood friend. His friend ( also a CI for the Feds) called him 9 times asking him for a ride until he finally gave in and gave him a ride. The ride ended up being to pick up crack from his brother and was all taped so they charged my man with aiding something that he did not even know was going to happen. Of course the CI is still out doing his thing and has now started selling herion as a main drug. Funny how that goes, no jail time for him. This law would bring him home to us sooner so I pray that it gets passed. I had heard it was passed on Nov 1st but have not been able to confirm that yet. God Bless!!!!

crack cocaine sentencing reform

The finest man I've ever known is locked up over crack cocaine. This reform could bring him back to his very supporting family. I have a problem with manic depression and AIDS. This summer he saved my life. He called and he could tell I wasn't right and talked and we laughed and he encouraged me. My CD4 count was only 5. I would have died very shortly. Because of him I got back on my meds both emotional and physical. He's my best friend and maybe he did do something he shouldn't have But I know the time he has served has been enough. You see I was killing myself with crack cocaine and this man encourages me to stay clean now. He's the one telling me to stay away from the drugs; do good; live good. Because of his phone call and his encouragement I go to church. I have a better life. But his scarifice for me is too great.

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