Disparate Justice

The crack/powder cocaine disparity should be eliminated in favor of laws that provide for equal justice under the law. We encourage you to modify the letter so your legislators hear *your* voice

Sample Letter for Campaign

Subject: Support Equal Justice: Reform the Powder-Crack Sentencing Disparity

Dear [ Decision Maker ] ,

I am concerned about the effects the crack-cocaine sentencing disparity is having on low-income communities, and particularly communities of color. Despite relatively equal use rates of crack-cocaine among whites, African-Americans and Hispanics, in the fifteen years since Congress initially passed the 100:1 sentencing disparity, the vast majority of those sentenced to prison have been people of color. I urge you to support the elimination of the crack/powder cocaine disparity.

The crack/powder cocaine disparity has been at the center of drug prohibition racial disparities. Despite relatively equal use rates of crack among white and black drug users, the most current figures provided by the U.S. Sentencing Commission indicates that of those persons sentenced to prison on crack-related offenses, 84.2 % were black, 9% were Hispanic and only 5.7% were white. In addition, 53% of all offenders were sentenced to a mandatory term of 10 years while only 27.7% received a mandatory 5-year sentence.

The penalty for crack-cocaine should trigger the same penalty for powder-cocaine. I believe the crack/powder cocaine disparity is wrong and represents a gross miscarriage of justice. I urge you to support reform measures that would eliminate the disparity.

Sincerely,

Campaign Launched:
November 07, 2001


Background Information

Pharmacologically the same drug, crack and powder cocaine are treated very differently within the walls of our justice system. The current system favors a 100 to 1 more severe penalty for crack-related offenses.

The bad reputation associated with crack-cocaine was sparked by the tragic death of college basketball star Len Bias during the mid-1980s. When it was first introduced to the U.S. market, a piece of crack could be sold for approximately $5, whereas powder-cocaine was sold for 10 to 20 times as much. As a result, crack became increasingly appealing - particularly among the nation's poorest drug users. Its low cost coupled with the intense high experienced when smoked, crack-cocaine use spread 'like an epidemic' throughout our inner-cities resulting in Congressional action by 1986.

The "anti-drug" penalties adopted by Congress in 1986 and once again in 1988 enacted more severe mandatory sentences for crack offenders than for cocaine offenders. The accepted ratio is 100:1, which has resulted in gross racial disparity. In 1995, The U.S. Sentencing Commission recommended a more equitable ratio between crack and powder cocaine to yield similar mandatory sentences. However, Congress discarded the Commission's rejection and President Clinton signed the rejection into law. This marked the first occasion that Congress rejected a recommendation by the Sentencing Commission.

The crack/powder cocaine disparity has been at the center of drug prohibition racial disparities. Despite relatively equal use rates of crack among white and black drug users, the most current figures provided by the U.S. Sentencing Commission indicates that of those persons sentenced to prison on crack-related offenses, 84.2 % were black, 9% were Hispanic and only 5.7% were white. In addition, 53% of all offenders were sentenced to a mandatory term of 10 years while only 27.7% received a mandatory 5-year sentence.

We believe the crack/powder cocaine disparity is wrong and creates a gross miscarriage of justice. The penalty for crack should trigger the same penalty for powder-cocaine. We urge you to support reform measures that would eliminate the disparity.