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Senate Judiciary Votes to Lessen But Continue Cocaine Sentencing Disparity
posted 11th March 2010 in Democrats, Legislation, Moral Values, Politics, Republicans by Jim

In a Senate Judiciary Committee meeting earlier today the disappointment on Dick Durbin‘s face was unmistakable as he outlined the parameters of a deal on S. 1789, a bill that for months had been stalled in committee, a bill that until this week (see previous version here) would have eliminated the 100-to-1 sentencing disparity between the draconian crack cocaine laws and the relatively lax powder laws for powder cocaine:

Richard Durbin in the Senate Judiciary Committee, March 11 2010What is my position? My position is for one-to-one equity and equality in sentencing. But in order to get things done, you have to be prepared to make mutual concessions, and that is what we have done. What we are going to propose to the committee today is to accept an amendment from Senator Sessions that sets the threshold for a five-year mandatory minimum at 28 grams, which is roughly the equivalent of one ounce. This would establish a crack-powder ratio of not 100-to-1 as in current law but 20-to-1… in exchange, Senator Sessions will agree to withhold his other amendments in relation to mandatory minimum sentencing and felony simple possession. We will all commit, in the course of this agreement, to oppose additional amendments to the bill and work to move this bill through the Senate on an expedited basis…. I know this agreement is not everything you would like. Frankly, it isn’t everything I would like either.

In exchange for lessening but preserving the inequality in sentencing between crack (a drug disproportionately used by poor people) and powder (a drug disproportionately used by rich people), Senator Jeff Sessions and the Republican caucus agreed not to filibuster the bill on the floor of the Senate or destroy it with poison-pill amendments. Senator Durbin and others in favor of equity (such as Senators Ben Cardin and Arlen Specter) were put in a position of accepting a lower level of discrimination or getting no improvement at all.

Senator Orrin Hatch displayed the intellectual depth of the obstructionist Republican group when he justified sentencing disparities for crack versus powder cocaine, citing a study showing rats exposed to cocaine were more violent than rats given heroin.

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8 Comments to “Senate Judiciary Votes to Lessen But Continue Cocaine Sentencing Disparity”

  1. Tom says:

    Geez, with gas so high (due to Wall Street speculators, not demand), raising food and other commodity prices, how can anyone afford cocaine for “fun” anymore?

  2. Federal inmate says:

    Dear US Senate, I am appalled at the nerve of you all to still insist on making a difference between crack and powder cocaine. Shame on you, shame on all of you!!!!. How can you justify the continuation of such a policy??. Get this bill straightened out and do it without any further delay. You make us all think the police officers unions and prison unions are applying pressure to you all to not fix what you know is unfair. I pray that is not the case!!!!. Tell them not to worry there will never be a shortage of prisoners to go around. Stop thinking of these human beings as a commodity by trying to keep them locked up just so you can have free slave labor through private prison industries. Stop ruining lives. help our country get back on the right track by treating all its citizens the same. This is like modern day Jim Crow!!!!.

  3. ramone says:

    rats nodding out are never violent. rats snorting up are mean. rats smoking the shit will kill you! sounds like orrin has been there and done that.

  4. Federal Inmate says:

    The Supreme Court, Sentencing Comm., US Dept of Justice, the President and Vice Pres. and scores of other lawyers, prosecutors, probation officers, etc. ALL are in agreement that there is no reason whatsoever for there to be a difference in crack and powder, so why are the repubs in the Senate so determined to still treat black defendants more harshly than white??. Everybody needs to email the Senators right now and demand some answers and demand they make this bill 1-1 right now, no further delay!!!!

  5. Federal Inmate says:

    Congress has destroyed thousands of families in the inner citys across this country by taking away the mothers of all these children for non-violent drug offenses. I could see if they sent them to prison for like a year or so, but 10 and 20 years!!!! That is outrageous and they should be ashamed of themselves. Any mothers most important job is to raise her children. Shame on you Congress!!

  6. Federal Inmate says:

    The House version of the crack disparity has already been passed 1 to 1 and has been on the floor since July. Everybody needs to rally the senate and demand they reconcile their bill to match the house version and get this passed 1 to 1 immediately. They had knowledge of this since 1995 and have failed to fix their mistake yet!!!!.

  7. Federal Inmate says:

    If the tables were turned and white citizens were 85% of the defendants locked up for crack, this law would have been changed 10-20 years ago, the majority white senate would have never allowed that to happen to their children and neighbors, not in a million years. Its not fair to anybody!!!!

  8. Federal Inmate says:

    How in Gods name can you justify locking up all these people for a drug offense for longer times than a murderer gets??. what kind of upside down justice is that??. How is that making the streets safer when the killers go free and those who hurt nobody remain behind bars. We simply can’t afford that nonsense anymore.

what are you thinking?