Racial disparity in federal criminal sentences journal. Assessing the role of prosecutors and the effects of booker, 123 yale l. The fsa represents a decadelong, and truly bipartisan, effort to reduce the racial disparities caused by the draconian crack cocaine sentencing laws and to. Assessing the role of prosecutors and the effects of booker abstract. Sentencing policy incarceration racial disparity drug policy crack reform. Now, the ten year sentence is triggered by 280 grams of crack instead of 50. It would be nice if those pursuing their personal political agenda using the mantle of racial injustice and disparity in the criminal justice system, as well as representatives in congress and the department of justice, would address the very real and systemic problems that affect all minorities in the criminal justice system, instead focusing.
Nov 16, 2017 and according to the university of michigan study, at the federal level alone simply eliminating the sentencing disparity would reduce the number of black men in federal prisons by about 9 percent. Using rich data linking federal cases from arrest through to sentencing, we find that initial case and defendant characteristics, including arrest offense and criminal history, can explain most of the large raw racial disparity in federal sentences, but significant gaps remain. This briefing paper provides background on the cocaine sentencing debate, explores the racial impact of the crack sentencing disparity, and clarifies the misperceptions regarding crack addiction. Most disturbingly, because the majority of people arrested for crack offenses are african american, the 100. To read the briefing paper, download the pdf below. Examples such as the sentencing disparity between crack cocaine and powdered cocaine. Marit rehavi, mandatory sentencing and racial disparity. The us sentencing commission provided this analogy in 1997 to support equalizing penalties for crack and powder cocaine. Fair sentencing act american civil liberties union. In 2006, the feds tried 5,619 crack sellers, and 4,495 of them were black out of the 562,000 blacks in state and federal. Mandatory sentencing leads to racial disparities georgetown. By equalizing sentencing, sb1010 promotes racial equality, a nonnegotiable component of a fair and just society. Disparity related to crime history of crack douglas berman, law professor at ohio state university, talks with michele norris about how the disparity in sentencing minimums between crack and.
It would be nice if those pursuing their personal political agenda using the mantle of racial injustice and disparity in the criminal justice system, as well as representatives in congress and the department of justice, would address the very real and systemic problems that affect. His campaign now calls the disparity in sentencing a profound. Sentences for federal drug crimes are based on the quantity of the drugs involved, not the individuals role in the crime. Federal crack cocaine sentencing the sentencing project. Booker, ruling that the federal sentencing guidelines are advisory and no longer mandatory. Sep 16, 2015 examples such as the sentencing disparity between crack cocaine and powdered cocaine. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a. A metaanalysis of sentencing research research summary the issue of racial and ethnic disparity in criminal sentencing has been one of the longest standing research topics in all of criminology.
Mandatory sentencing and racial disparity, assessing the. Racial disparity in sentencing lori raynor university of phoenix cultural diversity in criminal justice cja423 ron mcgee september 06, 2010 abstract in this paper i will illustrate racial disparity in sentencing in the criminal justice system. This article presents new empirical evidence concerning the effects of united states v. The sentencing disparities between crack and cocaine attn. The drug war has produced profoundly unequal outcomes across racial groups, manifested through racial discrimination by law enforcement and disproportionate drug war misery suffered by communities of color. The relationship between race, ethnicity, and sentencing. The sentencing disparity still exists and disproportionately impacts african americans and entangles too many lowlevel drug offenders in the federal criminal justice system. When racial disparity in sentencing occurs in some contexts, but not others, it is called. Socioeconomically disadvantaged adults are more likely to use crack over powder cocaine, and are thus more likely to be subject to arrest. Reducing racial disparities in incarceration give em hell. Oct 28, 1995 with a set of mandatory minimum sentencing laws passed in 1986, congress for the first time distinguished between crack and powder cocaine. In june 20, the american civil liberties union aclu published a report revealing a gross racial disparity in marijuana arrests.
The drugsentencing bill attracted little notice in washington, compared. Since congress recognized the gaping racial disparity between mandatory minimum sentences for crack offenses and cocaine offenses and reduced the ratio from 100to. As part of a cooperative agreement for the federal justice statistics program fjsp, the bureau of justice statistics bjs instructed abt associates to design a study of federal sentencing disparity, as requested by the u. Crack cocaine became prevalent in the mid1980s and received massive media attention due in part to its exponential growth in the drug market. The fair sentencing act amends existing laws by increasing the amounts of crack that trigger these penalties, from five grams to 28 grams for fiveyear minimum sentences and from 50 grams to 280 grams for tenyear minimum sentences. The federal crack cocaine sentencing laws of the 1980s have received significant attention due to their highly disproportionate racial outcomes, but other policies have produced similar effects. That resulted in a disparity with powder of about 18 to 1.
Across the distribution, blacks receive sentences that are almost 10 percent longer than those of comparable whites. Racial disparity in crackcocaine sentencing by marcia g. The crackpowder disparity grew out of a 1986 law that was passed in response to violent crimes committed to get money to feed crack habits. While a person found with five grams of crack cocaine faced a fiveyear mandatory minimum prison sentence. The racial dynamics in sentencing have changed over time and reflect a move from explicit racism to more surreptitious manifestations and outcomes. A subset of the sentencing disparity literature focuses on measuring changes in disparity resulting from changes to sentencing law, such as booker. Although there have been reforms and steps towards progress made there is still much that remains to be done. There is relatively little research testing for racial discrimination in the sentencing of individuals convicted of misdemeanor offenses.
Disparity, discrimination, and adverse impacts fair sentencing is individualized sentencing. Falsely treating crack cocaine as 50 times more addictive than powder cocaine, as congress did more than in creating the 100toone quantity ratio, has implications beyond that of mere unfair sentencing. Data show racial disparity in crack sentencing congress passed the fair sentencing act to make punishments for crack and cocaine more equal. Written statement submitted by carol chodroff, us advocacy director, to the house judiciary committee, subcommittee on crime. The bill that was passed which included the crackpowder sentencing disparity did so with the support of the majority of black. Racial minorities were at low risk for powder cocaine use and. These policies put lowincome people who are disproportionately black and latino at a disadvantage. The fair sentencing act passed by obama was definitely a step in the right direction, but the act reduced the sentencing disparity between crack cocaine and powder cocaine possession it did not eliminate it. Cracking the racial disparity for cocaine sentencing. Race and class penalties in crack cocaine sentencing by michael coyle overview after a decade of contentious debate regarding the federal sentencing disparities between crack cocaine and powder cocaine, a number of significant initiatives to reform current policy. Nov 25, 2017 research finds racial disparities in prison sentences georgetown law professor paul butler talks with nprs scott simon about racial disparity in federal sentencing.
A third source of unwarranted racial disparity in sentencing is the underfunding of key segments of the criminal justice system and expectations of significant financial outlays from defendants. Racial disparity in sentencing 1728 words bartleby. May 18, 20 since congress recognized the gaping racial disparity between mandatory minimum sentences for crack offenses and cocaine offenses and reduced the ratio from 100to1 to 18to1, courts have. Analogous to fiscal impact statements, they assist legislators in detecting unforeseen policy ramifications.
The amount of powder cocaine necessary to trigger the sentence is still five kilos. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a minimum 5year federal prisonsentence, while distribution of 500 grams of powder cocaine carries the same 5year mandatory minimum sentence. President obama signed the new sentencing law on august 3, 2010. The article points to mandatory minimums as a root cause for racial disparities in sentencing. People of color experience discrimination at every stage of the criminal justice system. Deterring racial bias in criminal justice through sentencing. Eliminating racial disparity in the criminal justice system. In earlier times, courtrooms in many jurisdictions were compri. Jul 29, 20 the disparity between crack and powder cocaine sentencing has been the most notorious example of profound racial bias baked into our superficially neutral criminal laws.
Racial disparities in federal drug sentencing testimony. This move, some believe, will address the larger issue of racial disparities in sentencing for drug crimes. The emphasis on quantity rather than the role of the offender, along with the conspiracy laws, too often result in disproportionate sentencing, even for firsttime offenses such as the garrisons. Racial impact statements are a tool for lawmakers to evaluate potential disparities of proposed legislation prior to adoption and implementation. Aug 03, 2010 data show racial disparity in crack sentencing congress passed the fair sentencing act to make punishments for crack and cocaine more equal. Shein new york timescbs news poll has peri odically asked ameri cans to identify the most important prob lem facing this coun try today. The 100to1 disparity results in overly harsh sentences for crack offenders and produces a racial disparity in sentencing, as 80% of those convicted of crack offenses are black. Oct 02, 2007 disparity related to crime history of crack douglas berman, law professor at ohio state university, talks with michele norris about how the disparity in sentencing minimums between crack and. Like other sentencing disparity analyses, these studies typically control for the presumptive guidelines sentence as well as the statutory mandatory minimum. Cracking the racial disparity for cocaine sentencing center on. How an early biden crime bill created the sentencing disparity for. Research finds racial disparities in prison sentences. How an early biden crime bill created the sentencing. Racial disparity in sentencing open society foundations.
Because crack and powder cocaine are two forms of the same drug, there should not be any disparity in sentencing between crack and powder cocaine offenses the only truly fair ratio is 1. And according to the university of michigan study, at the federal level alone simply eliminating the sentencing disparity would reduce the number of. Crack, which emerged in the mid1980s, had been deemed. High court eases crack sentence guidelines cbs news. By equalizing probation eligibility for cocaine offenses, sb1010 recognizes drug abuse as a health issue, an essential step in reducing reoffending. Data show racial disparity in crack sentencing us news. With a set of mandatory minimum sentencing laws passed in 1986, congress for the first time distinguished between crack and powder cocaine. Jul 28, 2019 how an early biden crime bill created the sentencing disparity for crack and cocaine trafficking. Chief among these is the racial outcome of the sentencing disparity.
Cracking the racial disparity for cocaine sentencing center. In 2010 congress passed the fair sentencing act, which repealed the mandatory minimum sentence for simple possession and reduced the sentencing disparity from 100. In january 1985, 23 percent of the respondents an swered that the most important problem was war or nuclear war. Racial disparity in crackcocaine sentencing heinonline. In earlier times, courtrooms in many jurisdictions were comprised. Moreover, the significant racial disparity in federal prisons will continue. Department of justices racial disparities working group. The relationship between race, ethnicity, and sentencing outcomes. Unwarranted disparity is defined as different treatment of individual offenders who are similar in relevant ways, or similar treatment of individual. Feb 19, 2015 socioeconomically disadvantaged adults are more likely to use crack over powder cocaine, and are thus more likely to be subject to arrest.
Black men comprise about % of the general population, but about 35% of those incarcerated. At the time, possession of crack cocaine resulted in penalties 100 times higher than possession of an equal amount of the powdered form. This note began by acknowledging the stark racial disparity in marijuana arrests nationwide, and the corresponding racial implications of nearly unbounded police and prosecutorial discretion, and identified sentencing as a potential arena through which to remedy and deter the. A comprehensive examination of the 100to1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a minimum 5year federal prisonsentence, while cracks in the system. Analysis of racial sentencing disparities reading the world. Obama needs to fix the crack cocaine sentencing gap.
None at the time objected to the sentencing disparity as racist. Under the 2010 law, the amount of crack that triggers the fiveyear minimum is 28 grams of crack or 500 grams of powder, and, for the tenyear minimum, 280 grams of crack and 5,000 of powder. Racial disparity in crack cocaine sentencing 8 criminal. Apr 19, 2012 five myths of the racist criminal justice system. Racial, ethnic, and gender disparities in federal sentencing today a. In the three decades prior to the passing of the fair sentencing act, those who were arrested for possessing crack cocaine faced much more severe penalties than those in possession of powder cocaine. We see this in the crackcocaine sentencing disparity, the over policing of black communities, the excessive criminal fines and fees imposed on defendants, and a bail system that relies on payment to secure ones freedom. Research finds racial disparities in prison sentences georgetown law professor paul butler talks with nprs scott simon about racial disparity in federal sentencing.