Prison reform advocates say that the new Democratic majority in Congress may end America’s sentencing policy which has black defendants receiving substantially more prison time for drug possession.
Democrats Could End Discriminatory Prison Sentencing Rules
By Jackie Jones

A new Democratic majority in Congress may finally be able to push through a recommendation from the U.S. Sentencing Commission to end the disparities in crack versus powdered cocaine sentencing, reform advocates say.

Critics of the current sentencing policy say it discriminates against black defendants who get substantially more prison time for possession of much smaller amounts of crack than those convicted of possession of powdered cocaine.

A conviction for possession of 500 grams of cocaine carries a mandatory five-year prison sentence, but it only takes five grams of crack cocaine to get the same sentence.

“Over-incarceration within black communities adversely impacts those communities by removing young men and women who could benefit from rehabilitation,” Carmen Hernandez, president-elect of the National Association of Criminal Defense Lawyers testified before at a commission hearing two weeks ago. “Drug amounts consistent with state misdemeanors become federal felonies, resulting in disenfranchisement, disqualification for important public benefits, including student loans and public housing, and significantly diminished economic opportunity. As a result, many of these persons become outsiders for a lifetime, and their families suffer incalculable damage and suffering.”

The Commission held a daylong public on Nov. 14 at Georgetown University Law Center in Washington, D.C., with testimony from judges, lawyers, law enforcement officials, the ACLU, the NAACP and the Fraternal Order of Police. The commission has recommended three times to Congress that the sentencing gap be narrowed.

A bill pending in Congress, sponsored by Rep. Jeff Sessions (R-Ala.) would reduce the penalty for crack cocaine and raise the penalty for powder cocaine and would also shift the emphasis from the quantity of the drug possessed to the type of criminal conduct related to possession.

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