Supreme Court Slashes Crack Sentences
By Alison Gonzalez
Published on December 10, 2007
The 7-2 decision was the latest effort to lessen discrepancies between prison sentences handed down for crack and those given for its powder counterpart, cocaine. Current laws use a a 100-1 ratio, meaning that judges must give the same prison term to someone caught dealing five grams of crack as to someone selling 500 grams of powdered-cocaine.
The decision to reduce crack sentences comes in response to what many consider unfair drug penalties established by Congress in the 1980s. The law was criticized for having racial overtones since 8 out of 10 crack offenders were black, while 7 out of 10 powdered-cocaine offenders were white or Hispanic, according to 2006 data.
The Supreme Court case revolves around Derrick Kimbrough of Virginia, who pleaded guilty to dealing more than 50 grams of crack. Instead of giving Kimbrough between 19 and 22 years in prison, presiding Judge Raymond Jackson gave him a 15-year sentence.
Jackson was accused of failing to use reasonable discretion, and the case was turned over to a higher court.
Justice Ruth Bader Ginsburg, writing for the majority, said that current sentencing laws aren't based on empircal evidence and that, as a result, judges should be allowed to reduce prison terms for crack offenders.
Tomorrow, lawmakers will vote on whether the new guidelines should be made retroactive, which could make 20,000 inmates eligible for shorter terms.
Keyword Tags: