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New Law to End Drug Charges
Disparity July 13,
2008 Connecticut Post By Peter Urban
WASHINGTON — Rep. Christopher Shays will be at the NAACP's annual
convention in Cincinnati on Monday to talk about drug sentencing laws that
some claim hit African American's hardest.
Shays and Rep. Sheila Jackson-Lee, D-Texas,
have introduced legislation that would eliminate the disparity in
sentences between powder cocaine and crack cocaine.
"The NAACP has worked for decades to help
people of all races, nationalities and faiths unite on one premise, that
all men and women are created equal," Shays said. "I'm grateful to have
the opportunity to speak with NAACP members about issues I care about like
reducing the disparity in crack-cocaine sentencing disparity, ending
racial profiling, strengthening hate crime prevention laws and increasing
affordable housing."
Congress established harsh mandatory minimum
penalties for crack cocaine in 1986 after the death of University of
Maryland basketball star Len Bias, who had just been the top NBA pick by
the Boston Celtics. Ironically, Bias died after snorting powder cocaine.
Since then, more than 76,000 crack offenders
have been sentenced under the federal guidelines. In 2000, the average
prison sentence for trafficking in crack was 117 months, while the average
sentence for trafficking in powder cocaine was 74 months.
The U.S. Sentencing Commission, which was
established in 1984 to bring more consistency to sentencing in federal
courts, has recommended a reduction in harsh sentencing guidelines for
crack cocaine
offenses since 1995
but had been thwarted by Congress until this year.
This May, the commission again proposed
reducing penalties for crack cocaine to bring them more in line with
powdered cocaine and Congress took no action to block the effort. The new
guidelines took effect Nov. 1. The change is expected to reduce new crack
sentences by an average of 15 months.
Hilary Shelton, director of the NAACP's
Washington bureau, urged the commission earlier this year to make the
sentencing guidelines retroactive.
"Few people today argue that policy makers
could have foreseen, 20 years ago, the vastly disparate impact the 1986
law would have on communities of color, yet the fact is that
African-Americans and especially low-income African-Americans continue to
be disproportionately and severely penalized at much greater rates than
white Americans for drug use," she said at the
time.
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