Last week Congress moved to reduce the disparities between the crack cocaine and powder cocaine sentences. The difference between the two had been a point of controversy since the 1980s with critics claiming the difference was racist and completely irrational.
Prior to the change, possession of 5 grams of crack cocaine would get a similar sentence as 500 grams of powdered cocaine. This means there was a 1:100 ratio with crack being penalized 100 times more severely than powder cocaine.
This difference had a disproportionate effect on black men because the drug was more frequently used by them when compared with rates of powdered cocaine. Powdered cocaine, on the other hand, has always been considered a middle to upper class “white man’s drug”.
Incarceration rates among minorities are much higher than those among whites when you take their percentage of the population into account. Policies like this are the cause of such differences and changing them is just one small step towards a more balanced criminal justice system.
This isn’t to say, however, that the new crack laws will be completely fair. Now, the ratio has been reduced from 100:1 to 18:1 with 28 grams of crack triggering the mandatory 5 year sentence that 5 grams used to carry.
Opponents of the change likely led to the compromising 18:1 ratio rather than a completely equal 1:1 ratio. According to one critic of the new laws, crack is “associated with a greater degree of violence than most other drugs.” Unfortunately, no reliable studies support his opinion.
Apparently this Representative also believes that long term incarceration is an effective crime prevention tool—another point of contention. Had tough prison terms been the answer to drug crimes, the War on Drugs would have been won long ago.
Sentences don’t always seem fair. Although the system is designed on the idea of fairness and justice it is often wrought with flaws in regards to these basic values.
When you are facing criminal charges, you want to know that you will be treated equally in the courts. Knowing before your court date that you are at a disadvantage because of the color of your skin or your economic background can be quite disheartening, though statistics show that often to be the case.
Having an experienced defense attorney on your side doesn’t always guarantee great results but it can ensure you get the best possible results given the circumstances. If you are facing criminal charges and want someone to tirelessly defend your rights in court, contact us for help.
About David Matson