To: Civil Rights and Crime and Justice Advocates
From: Gabe Schlabach, Legislative Assistant
Date: January 7, 2008
Re: Crack Cocaine Mandatory Minimums

Issue:

On December 11, the United States Sentencing Commission voted unanimously to reduce punishments for crimes related to crack cocaine possession. This came only one day after the U.S. Supreme Court acknowledged that these sentences disproportionately target African Americans. Their decisions, although a step in the right direction, will have limited impact because of outdated mandatory minimum sentences instituted by Congress.

The Drug Sentencing Reform & Kingpin Trafficking Act (S. 1711), introduced by Senator Joseph Biden, will erase disparities between crack and powder sentencing.

Background:

During the 1980s, when cocaine usage peaked and the United States’ “War on Drugs” was in full effect, Congress passed the Anti-Drug Abuse Act of 1986, requiring judges to sentence offenders to a minimum of five years for possessing only five grams of crack cocaine (the equivalent of five packets of coffee sweetener). On the other hand, possession of 500 grams of powder cocaine (100 times more than crack cocaine) was needed to earn the same sentence.

This law was well intentioned: crack cocaine was a new threat, and thought to be more dangerous than its powder counterpart. However, in the twenty years since the law was passed, research has shown that there is little difference in danger between powder and crack cocaine. But crack cocaine is used predominantly by African Americans, while powder cocaine is used mostly by whites. This policy, which unfairly creates a different system of justice for African Americans than for whites, is racist and should be opposed.

Faith Reflection:

Christians are called to love and forgive wrongdoers. Both the New and Old Testaments favor compassion along with justice for those who commit crimes. In the New Testament, Jesus time and time again interacts with sinners: hearing their stories, forgiving them and urging them to sin no more. The Old Testament decree that “eye for eye, tooth for tooth” be paid for wrongdoing was actually a way of preventing vengeance and insuring equal justice for all.

Drug offenses hurt individuals, families and entire communities, and should not be ignored. However, overreacting by throwing offenders in jail for five years for relatively minor crimes also hurts those individuals, families and communities. In responding to these offenses, we are called to act in a way that is fair and that provides possibilities for redemption. The current sentencing system merely exacerbates the problem.

Action:

Senator Biden has proposed the Drug Sentencing Reform & Kingpin Trafficking Act (S. 1711) to confront this sentencing disparity. The bill equalizes the penalties for crack and powder cocaine and removes mandatory minimums for simple possession, so federal resources can be targeted towards major importers and dealers.

Because of the Supreme Court and Sentencing Commission decisions, there is momentum to address the crack/powder cocaine disparity. But Congress will not act unless there is a clear call from constituents that this is the correct course of action. Contact your senators and tell them to support S. 1711.

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