|
"Crack the Disparity"
National Month of Advocacy Kicks Off
By Nkechi Taifa, Esq.
“President Obama and Vice President
Biden believe the disparity between sentencing crack and powder-based
cocaine is wrong and should be completely eliminated.”
–www.whitehouse.gov
What better kickoff can
a national month of advocacy have than with the nation’s President and
Vice President heavily weighing in on the importance of the issue?
The disparate sentencing structure between
crack and powder cocaine will be the subject of focused attention during
the month of April, spearheaded by the Justice Roundtable’s Crack the
Disparity campaign. This is the second year an entire month has been
dedicated to sustained national scrutiny, awareness, and advocacy on the
issue of crack cocaine sentencing reform. Last year’s Crack the Disparity
lobby month activities were enhanced with hearings in both the House and
Senate. This year’s activities include a Letter-A-Day campaign to the
Hill, a National Call-In Day for organizations to mobilize their members
and supporters to call their congressional delegation, and in-district
meetings. The month will culminate with a National Lobby Day on April
28th, where advocates from across the country will descend on Washington,
D.C.’s Capitol Hill to target representatives and senators about the need
for reform.
The disparity between crack
and powder cocaine penalties has long been viewed as one of the most
egregious examples of racial discrimination in the U.S. criminal justice
system. Last year, 82.7% of those convicted of crack cocaine offenses in
federal courts were African American, despite the fact that only 25% of
crack cocaine users were black. In addition to
the racial disparity, the emphasis on the lowest level offenders is
equally flagrant. The overwhelming number of federal crack cocaine
prosecutions involve mere sugar packet and candy bar size quantities of
the drug, resulting in unreasonably harsh five- and ten-year mandatory
sentences. Indeed, it takes selling 100 times greaer quanity of powder
cocaine to yield the same five- and ten-year sentences meted out for crack
cocaine.
Activities of the Crack the
Disparity campaign have been complemented with unprecedented movement in
each branch of the U.S. government over the past year. For example,
thousands of individuals inequitably imprisoned have been retroactively
released pursuant to a U.S. Sentencing Commission guideline adjustment;
the U.S. Supreme Court has granted judges discretion in crack cocaine
guideline sentencing; and President Bush commuted the terms of two persons
convicted of crack cocaine offenses. A change in the mandatory minimum
statute, however, can only happen legislatively, and it is long overdue
that Congress act.
For the past 14 years,
the expert U.S. Sentencing Commission, in four separate reports, has
called for the elimination of the 100 to 1 quantity ratio. The grounds for
legislative reform have finally been fertilized, and bills for crack
cocaine reform have been introduced in Congress. The winds of change are
blowing and a perfect storm is forming. Two bills have been introduced and
more are expected. The coalition endorses legislation reform that
eliminates the crack and powder disparity by conforming crack quantities
to current powder cocaine quantities and are constant with the approach
supported by President Obama and Vice President Biden.
Finally, the Crack the Disparity campaign
has entered cyberspace and we need your help to make our message go viral.
Visit our sites on both Facebook and Twitter, and help spread the word
that now is the time to end this “crack” in the U.S. justice system. The
window of opportunity is upon us. Join the Crack the Disparity Month of
Advocacy. Call in to cable and radio talk shows. Write letters to the
editor. Visit with your senators and representatives in district meetings.
Come to Washington on April 28th for Crack the Disparity Lobby Day. Let
your voice be heard. The studies are completed. The research is
compelling. The analysis is sound. Let us not let another year go by
without rectifying this manifest injustice.
Nkechi Taifa is Senior Policy Analyst for the Open Society
Policy Center, a non-partisan
organization that engages in policy advocacy on criminal justice reform,
domestic civil liberties, civil rights, human rights, women's rights,
multilateralism, and economic development issues.
|
|