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Michael Strickland
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MichaelStrickland - > Michael Strickland -> NAACP Calls for Passage of Legislation to End Racial Disparities in Cocaine Sentencing
NAACP Calls for Passage of Legislation to End Racial Disparities in Cocaine Sentencing

The Issue:
As a result of federal law passed in 1986, there is a huge (100 to 1) disparity between the penalty for possession of crack cocaine and powder cocaine.  Specifically, a person must possess 500 grams of powder cocaine before they are subject to the same mandatory prison sentence (5 years) as an individual who is convicted of possessing just 5 grams of crack cocaine (despite the fact that pharmacologically, these two drugs are identical).  One of the effects of this legislation is that small-scale crack cocaine users are punished much more severely than powder cocaine users and their suppliers.

Everyone seems to agree that crack cocaine use is higher among Caucasians than any other group:  most authorities estimate that more than 66% of those who use crack cocaine are white.  Yet in 2006, 82% of those sentenced under federal crack cocaine laws were African American.  When you add in Hispanics, the percentage climbs to above 96%.  Since enactment of this law, the 100 to 1 ratio has had a devastating and disproportionate impact on the African American and Hispanic communities. The fact that this law carries a mandatory minimum jail sentence also means that people of color are being put in prisons at much higher rates than their Caucasian counterparts, and the judges have no discretion to mitigate the sentence for first-time or nonviolent offenders or in special circumstances.

Opposition to the crack cocaine sentencing disparity and mandatory minimum sentences has been voiced by people as diverse as former Supreme Court Chief Justice William Rehnquist, the U.S. Sentencing Commission, the National Association of Criminal Defense Lawyers, and a host of civil rights leaders. Congress and the Administration, however, have not seen fit to correct this glaring injustice.  Senator Joseph Biden (DE) has introduced legislation (S. 1711) to correct this arbitrary and unfair distinction between powder and crack cocaine sentencing, as has Congressman Charles Rangel (NY) (H.R. 460) who has for years been our champion on this issue.

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posted by MichaelStrickland on Tuesday, October 16, 2007 at 05:07 AM
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posted by mbogo on Nov 26, 2007 at 04:42 PM

Michael,

Your statistics in this post interest me. Could you give me the sources for the data you quoted? It isn’t that I’m challenging your sources, but I would like to read them myself.

Although I have never done any research on this topic, I have seen the problem from another view point. For twenty five years, I was a member of the faculty of Heath and Kinesiology at Texas A&M University. During that time I was also a volunteer patrolman for the College Station, Texas, Police Department.

Somewhat like Pocatello, Bryan/College Station is a university town and there is a great diversity among the residents of the area. A larger percentage of the Bryan/College Station population is African American or Hispanic than in Pocatello, although Caucasians make up a little more than half the population. We certainly arrested whites for drug use, manufacturing, and dealing on a regular basis, but the majority of the people we arrested for those crimes, and who were ultimately convicted, were African Americans and Hispanics. Because of the really diverse nature of the university itself, we also arrested folks from many foreign countries who had come to get their degrees at Texas A&M. I was never aware of any difference in sentencing for these crimes based on race, with the possible exception that many of the foreigners were deported back to the countries of their origin. If there is a serious disparity between sentencing for possession of crack cocaine and powder cocaine, it must be addressed by the legislature and the courts. The police simply enforce the law rather than interpret the law.

After reading your post, it dawned on me immediately, that some of my thinking on this issue comes from an area that is not typical of the country as a whole. I have to admit that the Bryan/College Station area is very unique in many ways.

At the time I left Texas A&M to return to my home in Idaho, there were more African Americans and Hispanics than Whites, who were incarcerated at Huntsville prison. Congressman Charles Rangel has certainly pointed out quite often that this is true nation wide and that he believes that Minorities are given more severe penalties than whites for the same crimes. I don’t believe that I am apathetic to the problems of any group of people in this country, but I don’t believe a lot of what I have heard in the speeches of Congressman Rangel.

Anyway, it was an interesting post. Thanks for making me go back and study the material I have available to see if I need to re-evaluate some of my thinking. I don't know why I didn't see this post when you first wrote it. Maybe I was still hunting.   

posted by MichaelStrickland on Nov 28, 2007 at 01:11 PM

Thanks Mbogo. I will check my notes and post details on the blog.

-- Michael

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