Drew Dakessian
Thanks to new to legislation signed into law by President Obama last night, nearly 3,000 crack cocaine defendants each year could get shorter sentences.
The minimum quantity of crack-cocaine required to trigger a five-year sentence used to be five grams. But with the bill’s passage, the minimum quantity required to trigger a first-time sentence has been raised to 28 grams, and the five-year mandatory minimum sentence has been eliminated.
The sentencing disparity has long been criticized because it has had a disproportionate impact on African Americans, and was based on false assumptions about crack cocaine.
“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.”
House members approved the legislation last Wednesday on a voice vote.
Since 1986, the minimum amount of powder cocaine required to trigger a five-year sentence was 500 grams, making it 100 times the threshold for crack. The impact of the law had a strong racial dimension because the majority of crack cocaine users are African Americans and Latinos, while its powder form tends to be used by Caucasians.
U.S. Sentencing Commission projections show that crack defendants would be sentenced to an average of one and a quarter years less time, and that the bill could lead to a net reduction of nearly 4,000 fewer inmates in the federal prison population in the next decade.
Yet not all consider this a true victory. The new law is not retroactive, and, writes political commentator Chris Weigant on The Huffington Post,
What they’ve done is change the ratio of unfairness from one-hundred-to-one (500:5) down to roughly eighteen-to-one (500:28). The penalties for crack and powder cocaine are still nowhere near parity.



