Obama Seeks to Change Crack Sentences

[larrymeyer]

http://www.officer.com/online/articl...ion=1&id=46424

Obama Seeks to Change Crack Sentences


Posted: Wednesday, April 29, 2009
Updated: April 29th, 2009 11:43 AM GMT-05:00


By LARRY MARGASAK
Associated Press Writer


WASHINGTON --

The Obama administration joined a federal judge Wednesday in urging Congress to end a racial disparity by equalizing prison sentences for dealing and using crack versus powdered cocaine.

"Jails are loaded with people who look like me," U.S. District Judge Reggie Walton, an African-American, told a Senate Judiciary subcommittee hearing.

Assistant Attorney General Lanny Breuer said the administration believes Congress' goal "should be to completely eliminate the disparity" between the two forms of cocaine. "A growing number of citizens view it as fundamentally unfair," Breuer testified.

It takes 100 times more powdered cocaine than crack cocaine to trigger the same harsh mandatory minimum sentences.

Sen. Dick Durbin, an Illinois Democrat who chairs the committee, said, "Under current law, mere possession of five grams of crack - the weight of five packets of sweetener - carries the same sentence as distribution of half a kilogram of powder or 500 packets of sweetener."

Durbin said more than 81 percent of those convicted for crack offenses in 2007 were African-American, although only about 25 percent of crack cocaine users are African Americans.

Congress enacted the disparity during an epidemic of crack cocaine in the 1980s, but the senator said lawmakers erred in assuming that violence would be greater among those using crack.

Breuer said the best way to deal with violence is to severely punish anyone who commits a violent offense, regardless of the drug involved.

"This administration believes our criminal laws should be tough, smart, fair," Breuer said, but also should "promote public trust and confidence in the criminal justice system."

Walton said, "We were mistaken" to enact the disparity. "There's no greater violence in cases before me."

He added that jurors have expressed an unwillingness to serve in crack cocaine cases because of the disparity.

President Barack Obama had called for such a change while campaigning for the White House.

Breuer said the government should focus on punishing drug trafficking networks, like the cartels wreaking havoc in Mexico, and those whose crimes include acts of violence.

The Obama administration is also seeking to increase drug treatment, as well as rehabilitation programs for felons after they're released from prison.

While politicians often support laws lengthening prison terms for various crimes, it is rarer to try to reduce sentences, in part out of concern they may appear soft on crime. But recently, some states have been moving on their own to temper long-standing "get tough" laws.

In New York last month, state leaders reached an agreement to repeal the last vestiges of the Rockefeller drug laws, once seen as the harshest in the nation. Kentucky enacted changes that would put more addicts in treatment, and fewer behind bars.

The Justice Department is working on recommendations for a new set of sentences for cocaine, and Breuer urged Congress to overhaul the current law, written in 1986 at the height of public concern about crack use.

Since then, Breuer argued, prosecutors' views of crack cocaine has evolved to a more "refined understanding" of crack and powdered cocaine usage.

He also suggested that until such changes are made, federal prosecutors may encourage judges to use their discretion to depart from the current sentencing guidelines. Such departures are rare in the federal courts.

[oblivionboyj]

I actually don't have a problem with this.
Not because of race, but because of equal protection under the law.
No matter what you have been led to believe crack is no different that powder cocaine. In fact you need powder cocaine to make crack.
Anybody who has access to powder cocaine can make freebase, which is the same thing as crack.
Anybody who tells you crack was "invented" in the 80's is an idiot or a liar.
Remember when Richard Pryor burnt the hell out himself in the late 70's smoking freebase? He was making his own crack
People have been freebasing cocaine for as long as people have processed coca into cocane.

[sicario]

I think this is bullshit based on this:

Durbin said more than 81 percent of those convicted for crack offenses in 2007 were African-American, although only about 25 percent of crack cocaine users are African Americans.

This is the ONLY reason. Race. If it were 81 percent Eskimo or Asian or White or Lizard People, there would not be a problem.

I say keep the penalty the same and lower the amount of cocaine needed down to 5 grams.

[P-11 shooter]

The difference in sentencing has always been complete bullshit.

I'm all for it.

[angus]

"Jails are loaded with people who look like me," U.S. District Judge Reggie Walton, an African-American, told a Senate Judiciary subcommittee hearing.

Hey Judge, what is this supposed to mean? So what? Is your behavior the same as theirs? The fact that you're a freaking judge and they're crackhead gangbangers plays no role as to why they are incarcerated and you get to schmooze with the President of the US?

Go ahead and end racial disparity for sentencing by raising the sentence for powder cocaine, or lower the sentence for crack, or legalize the crap altogether, I don't care. Just don't make idiotic arguments, Reggie.

[oblivionboyj]

Sometimes you can do the right thing for the wrong reasons.
Harsher sentancing for for one form of the same substance is a violation of equal protection under the law.
Lets use an illegal firearms sale as an example...
Some guy gets busted for selling a rifle in such a way that is not legal.
He would have only gotten 5 years for the crime, if it were not for the fact that the rifle was an AK-74 (evil black rifle).
Does it matter what kind of rifle it is?
No he only broke one law, but is being sentanced for a hasher crime because of "feel good" legislation.
It is the same thing with hasher sentancing for crack.

[625]

No matter what you have been led to believe crack is no different that powder cocaine. In fact you need powder cocaine to make crack.
Anybody who has access to powder cocaine can make freebase, which is the same thing as crack.
Anybody who tells you crack was "invented" in the 80's is an idiot or a liar.
Remember when Richard Pryor burnt the hell out himself in the late 70's smoking freebase? He was making his own crack
People have been freebasing cocaine for as long as people have processed coca into cocane.

Not true. See here. There is a reason why crack is much cheaper. This explains it:

Cocaine is a powerfully addictive stimulant drug. The powdered hydrochloride salt form of cocaine can be snorted or dissolved in water and injected. Crack is cocaine base that has not been neutralized by an acid to make the hydrochloride salt. This form of cocaine comes in a rock crystal that is heated to produce vapors, which are smoked. The term “crack” refers to the crackling sound produced by the rock as it is heated.

From here: http://www.drugabuse.gov/InfoFacts/cocaine.html


Here I was ready to finally have something to agree on with this shitty administration, and this is what I get.

"This administration believes our criminal laws should be tough, smart, fair,"

There is nothing smart about it. It didn't work with alcohol, and it isn't working with drugs.

[sicario]

Sometimes you can do the right thing for the wrong reasons.
Harsher sentancing for for one form of the same substance is a violation of equal protection under the law.

I agree 100%, but they are NOT going about this in the name of "equal protection", they are going after it based on RACE of those convicted. I disagree with hate crimes for this reason. Why should someone be more protected under the law based on their look or what genitals they prefer. Punish murder as murder. Make the murder sentence TOUGHER no matter who was killed. Punish crack and coke as the same for same amount, but maybe they should make those punishments tougher too.

[dc dalton]

Absolutely agree 10000% ... why someone that smokes crack gets a longer sentence that someone doing a line is beyond me

But then again you know me, I say legalize all drugs and lets stop wasting our freaking taxpayer money on this bullshit 'war on drugs' ... it's nothing more than a joke and the amount of federal, state and local tax money wasted in it could probably balance the budget (well not quite but it would help)

[AxiTech]

I say equalize the sentences. Then maximize the sentences. Then remove the 'country club' atmosphere of our jails and prisons. End segregation of prisoners too. If you go to any prison you will find the inmates segregated by race. I say 'stop this activity'. Put them all in the same space. If they can't get along and a few get hurt, well, that will just encourage them to not return. That is, if they survive. Wow, rehabilitation! What a concept!