« Rough day for Booker defendants in the Circuits | Main | Judge Gertner on Apprendi, Ring, and Blakely in capital setting »

June 2, 2005

NY Times on drug sentencing

This morning the New York Times has this potent editorial entitled "Bring Fairness to Drug Sentencing" that is focused on the sentencing disparity between crack and powder cocaine offenses.  Here are highlights:

Congress spawned a national trend toward discriminatory sentencing when it drew a false distinction between powdered cocaine and crack cocaine for law enforcement purposes during the 1980's ... [that] has resulted in a racially biased sentencing policy, since crack users are mainly black and Latino, while powdered cocaine tends to be a drug of choice for affluent whites.  This system was emulated by the states, and its blatant unfairness undermines respect for the judicial system in communities of color.

The United States Sentencing Commission has repeatedly urged Congress to deal with this shameful problem by reducing the sentencing for possession of crack to bring the two more in line. But Congress has rejected this idea, for fear of being seen as "soft on drugs." State legislatures have generally been paralyzed by this same fear.

Nevertheless, the argument for fairness is finally being aired in several states, including California, South Carolina and Connecticut. Both houses of the Connecticut Legislature have passed a bill that would bring crack and powdered cocaine sentences into line.  Gov. Jodi Rell is equivocating on whether she will sign.  She has the chance to demonstrate to the people of the state that she has the strength of character to do something that has no discernible political advantage, simply because it's the right thing.  It is an opportunity she shouldn't refuse.

June 2, 2005 at 08:59 AM | Permalink


TrackBack URL for this entry:

Listed below are links to weblogs that reference NY Times on drug sentencing:

» Crack Cocaine: What's In It For You from american black
Douglas A. Berman found this potent editorial entitled [Read More]

Tracked on Jun 3, 2005 6:17:21 AM


Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB