Pending Mandatory Minimum Sentence Reduction Bills
Sen. Edward Kennedy released a statement today praising the Sentencing Commission's retraoctivity decision regarding the minor reductions in crack cocaine sentencing guidelines. He also urges passage of S. 1685 which he co-sponsored with Diane Feinstein, Arlen Specter and Orrin Hatch (that ought to tell you right there it's not a good bill.)
The bill insufficiently cuts the disparity between crack and powder. Instead of 5 grams of crack, the threshold for the 5 year mandatory minimum sentence would be 25 grams. For powder, it's currently 500 grams.
Instead of 50 grams of crack, the bill makes the threshold for the 10 year mandatory minimum sentence 250 grams. The threshold for powder is currently 5 kilograms (5,000 grams.)
The bill does eliminate the mandatory minimum for first timers who possess for personal use.
Joe Biden's bill, S. 1711, co-sponsored by John Kerry, Russ Feingold and Carl Levin is better. It equalizes the penalties between crack and powder at the current powder levels. But, the reductions are not retroactive, so they won't help the 19,500 offenders currently serving the disparate sentences.
And, as usual, Biden can't leave well enough alone. He has to go and increase funding for the war on drugs. [More....]