In the government's continuing effort to get tough on drug offenses, crack cocaine offenses have been treated to much more severe penalties than powder cocaine offenders in spite of the fact that pharmacologically the two are identical. The Anti Drug Abuse Acts of 1986 and 1988 made harsh mandatory sentencing for crack cocaine offenders the law of the land.
Even if we put aside the argument that this policy has not worked, the inequities associated with the penalties are not based on sound legal jurisprudence or experience in dealing with drug activity and its prevention.
The inequity has finally gained the attention of the US Sentencing Commission, an independent agency of the judicial branch has reviewed these sentencing guidelines and recommended they be revised. In fact, they've urged Congress to amend the sentencing guidelines and reduce prison time for crack cocaine offenders. According to a story in the Washington Post, "
In March, over the Bush administration's objections, the commission's reductions were applied retroactively, allowing thousands of inmates to petition judges for shorter sentences.
From March through the first week of December, federal judges in the Eastern District of Virginia and in Maryland granted more than 800 such requests and denied about 490. Judges in the District have granted more than 160 and denied nine. Lawyers said Virginia's federal courts have received a large number of applications filed by inmates representing themselves, and many are not eligible for reductions. In the District, the federal public defender is coordinating the effort.
In weighing the requests, judges must evaluate several factors, including criminal records and the amount of crack the offenders were convicted of possessing or distributing. Then there are the intangibles. Some judges want a strong indication that offenders are remorseful for their conduct."
The legal hurdles defense lawyers face are myriad yet some are pushing for judges to revisit sentences that push the penalties below the recommended guidelines of the Sentencing Commission. At the very least, prosecutors, judges, defense lawyers, and legal experts are finally grappling with inequities that should have been challenged two decades ago.
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