Drug Possession
Judges Can Reduce Crack Sentences, Justices Rule
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December 10th, 2007
"Supreme Court rules that judges can use discretion when sentencing crack offenders"
In a 7-2 vote, the Supreme Court ruled that judges may use their discretion when imposing sentences in crack cocaine cases. Judges were previously strictly bound by federal sentencing guidelines that required harsher sentences for possession of crack than cocaine powder.
Case at Issue
The court had taken up the case of Derrick Kimbrough, a black veteran, who was given a 15-year sentence, four years less than the minimum sentence required by federal guidelines.
“In making that determination, the judge may consider the disparity between the guidelines’ treatment of crack and powder cocaine offenses,” wrote Justice Ruth Bader Ginsberg for the majority.
100-to-1 Disparity
Congress passed what is known as the 100-to-1 disparity law in the 1980s. Under the law, a crack offender convicted of trafficking in five grams of crack would receive a mandatory minimum five-year sentence—the same penalty for trafficking 500 grams of cocaine powder.
The law has been highly criticized for its racial implications. The majority of crack offenders are black, whereas the majority of cocaine offenders are non-black.
New Sentencing Guidelines
In November, new sentencing guidelines took effect that would reduce the disparity in sentencing between the two crimes. On Tuesday, the U.S. Sentencing Commission will vote on whether or not the new guidelines should be applied retroactively.
Tuesday’s vote could affect nearly 20,000 inmates who were convicted of crack crimes.
(Source: The New York Times online)
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