3,000 Crack Cocaine Sentences Reduced To Date

By Jeralyn, Section Crime Policy
Posted on Fri Apr 25, 2008 at 12:47:23 PM EST
Tags: crack cocaine, mandatory minimums (all tags)

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The U.S. Sentencing Commission says 3,000 crack cocaine sentences have been reduced since the guideline amendment went into effect in March.

There are 19,500 inmates serving time for crack cocaine.

In the 40 or so motions I've seen filed in Colorado (cases in which I had one of many co-defendants) the Government seems to file an objection to every request. It either says the guideline doesn't apply or the court should exercise its discretion and deny the relief.

I've mentioned before that the reductions are small, and only apply to a limited group of defendants. I only have one client out of dozens of crack defendants I've represented who appears to be eligible for relief. Sure enough, the Government is opposing the request.

The Sentencing Commission's report is great news for the 3,000 who have obtained relief so far, but it's a drop in the bucket as to what's needed. Congress needs to change the mandatory minumum sentencing laws. It needs to make the penalties for crack cocaine and powder the same without raising the levels for powder. [More....]

Both Hillary Clinton and Barack Obama have signed on as co-sponsors to S. 1711, Joe Biden's equalization bill. That's not a good bill. Aside for providing massive amounts to fund the war on drugs, it expressly states the penalty revisions will not be retroactive. In other words, they won't apply to the 19,500 serving these draconian and unfair sentences. Nonetheless, the ACLU also is urging its passage.

Bottom line: The guideline reductions are a welcome first baby step but that's all they are and much more is needed.

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3,000 Crack Cocaine Sentences Reduced To Date | 16 comments (16 topical)

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Thank you Jeralyn (none / 0) (#2)
by Jay Elias on Fri Apr 25, 2008 at 12:58:06 PM EST

As someone who mostly posts at other blogs but comes here to argue with Armando sometimes, I just wanted to mention how much I respect and am gladdened that you have kept the huge issues of the drug war and our out-of-control justice system front-and-center despite the election.

You have my deepest thanks.

Here's a crazy idea... (none / 0) (#3)
by TripMaster Monkey on Fri Apr 25, 2008 at 01:01:14 PM EST

There are now 1.9 million arrests of non-violent drug "offenders" annually in the United States, a larger number than the entire population of New Mexico. Forty-three percent of these are marijuana arrests and eighty-eight percent of marijuana arrests are for simple possession.

Simply decriminalize cannabis, and a big chunk of this problem goes away.

But of course, the powers that be don't want this problem to go away. They prefer the status quo, with 1 out of 99 Americans in prison. Much easier to control, that way...

I find the drug laws in this country (none / 0) (#6)
by madamab on Fri Apr 25, 2008 at 01:23:45 PM EST

incredibly racist in their execution.

Whether they were conceived that way is another story, but the fact is, social justice demands that we look at these laws with a more enlightened eye.

Baby steps, but important ones.


Not to quibble, (none / 0) (#17)
by sarcastic unnamed one on Fri Apr 25, 2008 at 04:23:59 PM EST

but I think MJ arrests hardly ever = prison. At least according to the DOJ.


I don't know if that is true or not (none / 0) (#18)
by CST on Fri Apr 25, 2008 at 04:37:37 PM EST

But it still ends up on your record, making it hard to find employment, vote, etc...


: Well, this is what they say: (none / 0) (#19)
by sarcastic unnamed one on Fri Apr 25, 2008 at 05:06:20 PM EST

In 1997, the year for which the most recent data are available, just 1.6 percent of the state inmate population were held for offenses involving only marijuana, and less than one percent of all state prisoners (0.7 percent) were incarcerated with marijuana possession as the only charge, according to the U.S. Department of Justice's Bureau of Justice Statistics (BJS).
An even smaller fraction of state prisoners in 1997 who were convicted just for marijuana possession were first time offenders (0.3 percent).
The numbers on the federal level tell a similar story. Out of all drug defendants sentenced in federal court for marijuana crimes in 2001, the overwhelming majority were convicted for trafficking, according to the U.S. Sentencing Commission.
Only 2.3 percent--186 people--received sentences for simple possession, and of the 174 for whom sentencing information is known, just 63 actually served time behind bars.
And MJ arrests make it hard to vote? Only if you're arrested the day of the election and are unable to get to the polls because of it.

Drug and Aclohol crimes (none / 0) (#4)
by AnninCA on Fri Apr 25, 2008 at 01:05:57 PM EST

Need to be out of the system if we're going to impose long-term sentences on personal attack crimes.

They are just not the population anymore

Moreover, because of over-crowding issues, AA can't even predictably get into prison now.

There is virtually no help being offered for addiction.

agree (none / 0) (#5)
by DandyTIger on Fri Apr 25, 2008 at 01:11:29 PM EST

that this is OK as a first baby step, and more is needed. We really need to change that law at least to make all forms of this one drug the same in the eyes of the law. It sure seems like a case of a race motivated imbalance in the justice system.

And of course, it's obvious that drugs in and of themselves for personal use should not be illegal. I never understood prohibition in any of it's forms. I certainly understand age appropriateness, and I understand wa