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February 7, 2008
Posted: 02:17 PM ET

NEW YORK — Should Congress cut a deal with the attorney general concerning crack sentences, or will Michael Mukasey’s plea go up in smoke?

ALT TEXT

A homeless man smokes crack in Los Angeles.

Mukasey went before the House Judiciary Committee on Thursday and asked lawmakers to act before March 3, when new U.S. Sentencing Commission rules take effect. The new rules would allow inmates to seek reductions in their sentences.

Almost 20,000 inmates could be eligible for shorter terms under the proposed changes. About 1,600 federal inmates could be eligible for immediate release.

The controversy erupted back in 1986 when sentencing guidelines were enacted to stem the crack epidemic ravaging many urban communities. The law gave first-time offenders convicted of selling five grams of crack cocaine the same five-year mandatory prison sentence as dealers of 500 grams of powder cocaine — a 100-to-1 ratio. In 2006, 82 percent of those sentenced under federal crack cocaine laws were black, and only about 8 percent were white.

These numbers enraged civil rights advocates. The Supreme Court weighed in and ruled in December that federal judges can impose lighter prison sentences than federal guidelines specify.

Mukasey says releasing these folks would be devastating. According to the Justice Department, two-thirds of federal inmates serving time for crack cocaine also have violent criminal histories. Mukasey indicates a willingness to go along with new guidelines that reduce prison time for crack convicts — but only for first-time, nonviolent offenders.

After decades of questionable prison terms, convincing Congress to act will be quite a challenge as many lawmakers are supporting measures to reduce these sentencing disparities even further.

Bob Regan, In Session senior executive producer

Filed under: Bob Regan • Crack sentencing • The Law


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Marvin   February 7th, 2008 3:40 pm ET

It is about time that lawmakers change these deadly sentencing guidelines. A community as a whole has been affected and this should curtail those long prison sentences. We as a society should be joyful that our high courts have turned its back on inequality.

Johnny M.   February 7th, 2008 3:49 pm ET

Thank goodness for the lowering of crack sentences. Dont get me wrong, crack is a terrible drug, but the disparity of sentencing for the same drug in different froms was terrible. Modern Criminal Justice is a field that has only been around for about 140 years, we need to look at the reasons and ramafications of the policies we allow our leaders to put into practice. Vote, It’s A Peaceful Revolution!!!

Rick   February 8th, 2008 10:24 am ET

The solution is to INCREASE the sentences for powder cocaine, NOT reduce the sentences for crack!!!!

Wife&Mom   February 8th, 2008 11:18 am ET

Instead of lowering the crack sentences they should have raised the coke sentences. Lowering the sentences for crack is not a good thing and it amazes me that people don’t see that.

Marvin wrote:
“It is about time that lawmakers change these deadly sentencing guidelines.”
Deadly sentencing guidlines as opposed to what? The daisy picking crack dealers and users?

Johnny M. wrote:
“Thank goodness for the lowering of crack sentences.”
Like the goodness of all that crack and the goodness of those poor crack dealers (gang bangers) who are just trying to make a living to support their families. Oh yes, thank goodness.

Wake up people before you start finding crack pipes in your 10 year old’s jeans pockets.

don heffernan   February 8th, 2008 12:50 pm ET

Of course it is and was a racial thing about the disparity of sentencing. I am white and I dont think crack is a good thing but the sentencing should be more in line with powder cocaine. Columbus Ohio

Katie   February 8th, 2008 12:59 pm ET

I believe the lighter sentence for a first time nonviolent offender should be lowered; however the problem will still not get solved. As long as there are drugs there will be dealers who sell them and addicts who use them and the dealers will always find the loop-hole. The main problem is: the drug dealers get busted then they claim to the judge that “I have a drug problem and I need help.” So they get lighter sentences and the dealers get back out on the street and keep selling. It’s a never ending vicious cycle that won’t end. So for the addict that keeps using he should get the same sentence as the dealer who won’t keep selling because they both need to learn their lesson and JUST STOP!!! It’s ludacris. But until then we need harsher penalties so all of them will learn their lesson and decide that it’s not worth it. Drugs, along with crime, will be the ultimate demise of this world.

Jane   February 8th, 2008 1:42 pm ET

Mack - what a evil smile. He should send the rest of his life in prison.

Rodney   February 9th, 2008 12:42 pm ET

“In 2006, 82 percent of those sentenced under federal crack cocaine laws were black, and only about 8 percent were white. These numbers enraged civil rights advocates.”

So we should put crack heads back on the street to to endanger and pray on innocent children and adults, why? Are the civil rights advocates going to invite these people into their homes until they are better? Most likely they will just put them right back on the street to leave crack viles in our children’s playgrounds, mug our grandparents and rob our homes. The political correctness in this country has gone too far. Common sense, what happened to it?

sparks   February 10th, 2008 6:29 am ET

If your gonna play the numbers game lets have all the numbers involved for a change I would need to know not just how many blacks versus whites are sentenced to prison for the crime but also how many were arrested I don’t think we should just give a free ride out if the facts show that there are indeed more blacks committing the crime.

brandon   February 10th, 2008 11:16 pm ET

“In 2006, 82 percent of those sentenced under federal crack cocaine laws were black, and only about 8 percent were white.” I am in no way a racist, but I would just like to comment that who’s fault is this that 82 percent of these convicts are black? Is it everyone else’s fault that these individuals decided to take this route in their life choices. They should try putting these individuals through a drug rehabilitation system rather than waste the money keeping them behind bars and doing nothing to help their habits and addictions.

neeko   February 11th, 2008 6:16 am ET

Regargless of the form—-cocaine or any other drug is in — or the amount you have — it’s all illegal and all should have to do the same amount of time. Smoke that stuff, snort that stuff, shoot up that stuff—what the heck is the difference. Sounds like a smoke screen to me with them folks finding out how many of their homeboys are actually using…

Torrey   February 11th, 2008 9:23 am ET

“The solution is to INCREASE the sentences for powder cocaine, NOT reduce the sentences for crack!!!!”

Amen to that

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