U.S. Justice Department backs bill to end disparities in crack cocaine
sentences
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[June 22, 2021]
By Sarah N. Lynch
WASHINGTON (Reuters) - President Joe
Biden's Justice Department is urging Congress to pass legislation to
permanently end the sentencing disparities between crack cocaine and
powder, a policy that has led to the disproportionate incarceration of
African Americans across the United States.
In written testimony submitted to the Senate Judiciary Committee, the
Justice Department lambasted the "unwarranted racial disparities" that
have resulted from the differences in how drug offenses involving crack
and powder cocaine are treated under current law, and said the misguided
policy was "based on misinformation about the pharmacology of cocaine
and its effects."
"We believe it is long past time to end the disparity in sentencing
policy between federal offenses involving crack cocaine and those
involving powder cocaine," the department wrote, noting that as of March
2021, U.S. Sentencing Commission data showed that 87.5 percent of the
people serving federal prison time for drug trafficking offenses
primarily involving crack cocaine were Black.
The testimony was released late Monday, ahead of a Tuesday hearing where
lawmakers will hear from experts about proposed legislation known as the
EQUAL Act, short for Eliminating a Quantifiably Unjust Application of
the Law.
The disparities between crack and powder cocaine date back to
war-on-drugs policies in the 1980s.
In 1986, Congress passed a law to establish mandatory minimum sentences
for drug trafficking offenses, which treated crack and cocaine powder
offenses using a 100 to 1 ratio. Under that formula, a person convicted
for selling 5 grams of crack cocaine was treated the same as someone who
sold 500 grams of powder cocaine.
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The crest of the United States Department of Justice (DOJ) is seen
at their headquarters in Washington, D.C., U.S., May 10, 2021.
REUTERS/Andrew Kelly/File Photo
The 100 to 1 ratio was later reduced in 2010 under
the Fair Sentencing Act, down to 18 to 1.
In 2018 during the Trump administration, Congress passed the First
Step Act, which sought to help more lower-level crack cocaine
offenders take advantage of the less stringent ratio and apply
retroactively for sentence reductions.
But in a blow to criminal justice reform advocates, the Supreme
Court last week ruled that low-level crack cocaine offenders could
not retroactively apply to have their sentences reduced.
In its testimony, the Justice Department urges Congress to ensure
that the EQUAL Act, unlike the previous laws, be applied
retroactively.
"We support retroactivity because it is the right thing to do," the
department said.
(Reporting by Sarah N. Lynch; Editing by Michael Perry)
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