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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?
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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