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Crack Penalties Could Be Eased
March 14, 2007

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News Summary

After years of discussion and debate, Congress may finally be poised to equalize the penalties for offenses involving crack and powder cocaine.

USA Today reported March 12 that lawmakers may be ready to lower the penalties for crack-cocaine offenses so that they match those for powdered cocaine. Sen. Jeff Sessions (R-Ala.) has proposed the reduction in the Senate, while a House bill is being championed by crime subcommittee chair Rep. Robert Scott (D-Va.).

"I believe that as a matter of law enforcement and good public policy that crack cocaine sentences are too heavy and can't be justified," Sessions said.  "People don't want us to be soft on crime, but I think we ought to make the law more rational."

 "We're going to address all the mandatory minimums," said Scott. "The crack cocaine is probably the most egregious because of its draconian number of years for relatively small amounts."

The crack penalties have been higher than the powdered-cocaine sentences since 1986. Critics say that the law discriminates against minorities, who are more likely to use crack than powdered cocaine, and that it results in low-level offenders being sentenced to prison for long stretches. "People have seen how it plays out in racial disparities," said Jesselyn McCurdy of the ACLU. "The stumbling block on both sides of the aisle has been this issue around appearing to be soft on crime. But this is about equalizing an injustice."

The Sessions bill would increase penalties for powder-cocaine violations and lower those for crack. The U.S. Justice Department opposes changing the current law. "We believe the current federal sentencing policy and guidelines for crack cocaine offenses are reasonable," said spokesman Dean Boyd.  

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