« Brennan Center concludes is terrific essay series titled "Punitive Excess" | Main | Remaining (overly?) upbeat about bipartisan criminal justice reform »

April 6, 2022

New letter from House CBC members urges EQUAL Act Senate floor vote ASAP

As detailed in this press release, all House Members of the Congressional Black Caucus sent a letter this week "calling on Senate Majority Leader Chuck Schumer and Senate Judiciary Committee Chairman Dick Durbin to bring H.R. 1693, the Eliminating a Quantifiably Unjust Application of the Law (EQUAL) Act to the Senate floor for a vote."  Here is part of the text of the letter:

As you know, in 1986, Congress passed the Anti-Drug Abuse Act, which established a 100:1 sentencing disparity for crack and powder cocaine.  Over the years, this policy has been widely criticized for lacking scientific and penological justification.  Accordingly, Congress has taken steps to address this problem through the passage of the bipartisan Fair Sentencing Act of 2010, which reduced the disparity from 100:1 to 18:1, and the bipartisan First Step Act of 2018, which made those changes retroactive.  Both efforts made our drug sentencing laws fairer, but the work is not done as long as a significant and harmful disparity remains.

The impacts of these policies on communities of color across the country have been devastating.  According to the U.S. Sentencing Commission, in Fiscal Year 2020, 77.1% of crack cocaine trafficking offenders were Black, whereas most powder cocaine trafficking offenders were either white or Hispanic.  Put simply, this law is unjust, unconscionable and unacceptable.  It is time to eliminate this disparity once and for all.  

That is why we write in support of bringing the EQUAL Act (H.R. 1693/S. 79) to the Senate Floor for consideration as soon as possible.  It would eliminate the crack and powder cocaine sentencing disparity and ensure that those who were convicted or sentenced for a federal offense involving cocaine can receive a re-sentencing under the new law.  According to a recent analysis from the U.S. Sentencing Commission, approximately 827 individuals would benefit from the prospective section of the bill each year, and 7,787 offenders in BOP custody would be eligible to seek a modification of their sentence based on the retroactive section.  In total, the EQUAL Act will reduce excessive prison time by 67,800 years, and 91 percent of the individuals who will get this critical relief are Black.

A few of many prior posts on the EQUAL Act:

April 6, 2022 at 11:53 AM | Permalink


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