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CRACK THE DISPARITY NEWSLETTER

Volume 2, No. 1
Fall 2009
In This Issue
* Unusual Suspects Make Great Bedfellows
* 23rd Anniversary of Disparity Brings Introduction of Reform Legislation
* Advocates Come to Washington for Lobby Day
* Coalition Produces Documentary
* 21,000 People Sign Petition for Reform
* Save the Date
* Media Momentum
Feature Story:

Unusual Suspects Make Great Bedfellows
By Nkechi Taifa
 

Holder

      What do the Attorney General of the United States, the former Police Chief of Miami, the former U.S. Attorney for the Western District of Tennessee, and the Vice President of Prison Fellowship have in common with the mother of twin sons, a former baseball star, and countless progressive organizations? A strong desire to eliminate the 100 to 1 quantity disparity between crack and powder cocaine. Although diverse in background, each has joined numerous other "usual" and "unusual" suspects in speaking out on this issue and advocating for change.

     During a congressional hearing called by the Senate Judiciary Crime Subcommittee in April, then-Miami Police Chief John Timoney testified that the distinction between crack and powder cocaine defied logic from a law enforcement perspective, stating, "It's the same drug. It's just manufactured differently ... Ten to one, twenty to one: it's the same drug. Just in fairness, it needs to be one to one."

ColemanDavis
Nkechi Taifa talks to Veronica Coleman-Davis following a House hearing.

     Following the Senate hearing, former U.S. Attorney for the Western District of Tennessee, Veronica Coleman-Davis, testified before the House Judiciary Crime Subcommittee that correcting this injustice "is not only consistent with good policy, but also good politics."

     In the words of Attorney General Eric H. Holder, Jr. during remarks at the National Black Prosecutors conference in July, "[a]lthough some may seek to impose the 'soft-on crime' label on anyone who speaks the truth about this issue, we all know that this egregious difference in punishment is simply wrong."

     He went on to stress that "[t]he Department of Justice will never back down from its duty to protect our citizens and our neighborhoods from drugs or from the violence that too often accompanies the drug trade. But we must discharge this duty in a way that protects our communities as well as the public's confidence in the criminal justice system."

     During a House hearing on mandatory sentencing in July, Grover Norquist, President of the conservative Americans for Tax Reform, called for a wholesale review of mandatory minimum sentencing policy. "The benefits, if any, of mandatory minimum sentences do not justify this burden to taxpayers." In 1997, 27 federal judges, all of whom had previously served as U.S. attorneys, sent a letter to the U.S. Senate and House Judiciary Committees stating that "[i]t is our strongly held view that the current disparity between powder cocaine and crack cocaine in ... the guidelines cannot be justified and results in sentences that are unjust."

     In October, during a C-SPAN-televised Senate briefing, sponsored by the Crack the Disparity Coalition, Pat Nolan, Vice President of Prison Fellowship Ministries, expressed support for elimination of the disparity by emphasizing that, "the sentence for any crime must reflect the magnitude of the harm done." He also stressed the need for bipartisan support in both the House and the Senate. Click here to read more.

Our Momentum in Pictures

Aikens2
Willie Mays Aikens addressed the  House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security in May. "I could have gotten probation for 64 grams of powder cocaine," he said in his testimony, "And the most I would have gotten is two years in prison. The fact that it was crack cocaine added ten years to my sentence, which is totally wrong."

Example






Sen. Dick Durbin  (D-Illinois) holds up a visual aid during a Senate hearing where the administration called for complete elimination of the sentencing disparity.

LeeRangle
Reps. Charles Rangel (D-NY) and Sheila Jackson Lee (D-Texas) testify during a House hearing.

KembaSmith09
Kemba Smith Pradia addresses advocates during a breakfast rally during Lobby Day in April.

CTD button
An advocate proudly boasts her Crack the Disparity button on her back.



Crack the Disparity Logo
Capital
House Committee Endorses Sentencing Reform
Take Action on Wed., Dec. 2 to Help Pass Legislation by Year's End
For the first time, crack cocaine sentencing reform legislation received a favorable vote in Congress when the House Judiciary Committee in July approved the Fairness in Cocaine Sentencing Act of 2009, H.R. 3245. The bill introduced by Rep. Bobby Scott (D-VA) ends the distinction in federal law between crack and powder cocaine, thereby eliminating the disparity in sentencing for the two drugs. The legislation passed out of committee with a 16 to 9 vote.

The bill's next stop is the House floor and members of the Crack the Disparity Coalition are working to ensure passage. To date, there are 59 co-sponsors, including two Republican members, but Rep. Scott wishes to build upon that list before the full House votes on the bill. Now is the time for YOU to call your Representative to ask for support and co-sponsorship of H.R. 3245 on Wednesday, December 2. Call the U.S. Capitol switchboard at (202)224-3121 and ask to speak to your Representative. Click here to read more.
House, Senate Briefings on Federal Crack Sentencing Make Way for Introduction of Reform Legislation
Marking the 23rd anniversary of the Anti-Drug Abuse Act of 1986, the Crack the Disparity Coalition held briefings in October, in the U.S. House and Senate on the federal crack cocaine sentencing disparity.

The Senate briefing, televised on CSPAN2, featured a range of panelists who offered personal stories, statistical overviews and suggestions for Congress to once and for all eliminate the federal crack cocaine sentencing disparity. Click here to read more.
Advocates Descend on Washington to Lobby for Crack Cocaine Sentencing Reform
By Zerline Hughes
Lobby Day1
Nearly 100 supporters from around the U.S. descended on Capitol Hill in April to lobby for the reform of the harsh crack cocaine sentences that have existed for 23 years.

Part of the Crack the Disparity coalition's National Month of Advocacy, the National Lobby Day was an empowering success as constituents from nearly 20 states met with their Congressional representatives, on April 28, following a breakfast briefing that rallied constituents to relay the harshness of the current crack cocaine sentencing laws on African-American communities. Click here to read more.

Iowalobby
Iowa residents Rev. Belinda Creighton-Smith and Sharon Goodson lobby before Rep. Tom Harkin's (D-Iowa) staffer Dan Goldberg.
Crack the Disparity Coalition Unveils Documentary
The Crack the Disparity Coalition has produced a short documentary that hopes to educate policymakers and the public in order to advance legislative reform measures that completely eliminate the federal crack cocaine sentencing disparity.

The film, "Crack the Disparity: It's Not Fair. It's Not Working.," was directed by Howard University film professor Alonzo Crawford and uncovers the history of the harsh federal penalties for crack cocaine offenses, and their effect on low-income and African-American communities. The film was first previewed on Capitol Hill in April during the national lobby day for crack cocaine sentencing reform. Click here to read more.
ColorOfChange.org Collects 21,000 Petition Signatures Asking Congress for Reform
Petitions
ColorOfChange.org joined the effort to eliminate the crack/powder sentencing disparity last year when it mobilized tens of thousands of people to support a bill introduced by then-Senator Joe Biden. Their members stepped up again this spring, reminding Congress that crack laws are a major factor fueling the disproportionate imprisonment of African Americans. With more than half a million members, ColorOfChange.org is the largest Black online political organization in the country.

Petition4
Watch a video of Crack the Disparity Coalition members, Karen Garrison (FAMM), Jennifer Bellamy (ACLU)and Jasmine Tyler (Drug Policy Alliance) delivering more than 21,000 petitions on Capitol Hill.
Click here to see full article.
Save the Date
Media Attention
MediaWashington Post letter to the editor by Sen. Dick Durbin

Washington Post editorial on crack cocaine disparity

Delaware News Journal editorial supporting the Senate's crack bill

St. Louis Post-Dispatch article on Sen. Durbin making good on a '20-year mistake'

Washington Post article on introduction of Senate bill

National Journal article featuring Q&A with NAACP's Ben Jealous who highlights the crack cocaine disparity

TIME Magazine article on the absence of retroactivity in potential legislation

Los Angeles Times opinion article on ending the 'American Injustice"

Washington Post editorial praising the unanimous vote by the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security to pass the Fairness in Cocaine Sentencing Act

Florence Today article on Crack the Disparity advocate's Lobby Day efforts

New York Daily News article on Wille Mays Aikens' efforts on Capitol Hill to reform sentencing laws

Tri-State Defender op-ed column by Rep. Steven Cohen on the "crack in the system"

The Crack the Disparity Coalition includes the American Bar Association,
American Civil Liberties Union,
 Break the Chains, Drug Policy Alliance,
National Association for the Advancement of Colored People,
National Association of Criminal Defense Lawyers,
Open Society Policy Center, Restoring Dignity, Inc.,
Students for Sensible Drug Policy, NAACP Legal Defense Fund, Leadership Conference on Civil Rights, National Council of Churches,
Religious Action Center of Reform Judaism,
The Sentencing Project, and
United Methodist Church, General Board of Church and Society.