From: [b--bu--a] at [mailbox.syr.edu] (Miguel Balbuena) Date: 8 Jul 1995 16:29:09 -0500 Subject: Cocaine sentencing dispute Copyright Voice of America June 29, 1995 Headline: Cocaine sentencing dispute Byline: Don Henry date=6/29/95 type=background report number=5-30475 title=cocaine sentencing dispute byline=don henry dateline=washington content= voiced at: intro: the u-s congress has begun hearings into a raging dispute about whether crack cocaine convictions in federal court should carry longer prison terms than powder cocaine convictions. voa's don henry reports the divided u-s sentencing commission explained its proposal for punishment parity to a divided house judiciary subcommittee. text: in 1986, when crack cocaine crimes were dominating american news media reports, congress mandated that sentences for crack cocaine felonies be much harsher than for regular cocaine felonies in federal court. congress passed the so-called 100-to-1 rule, meaning possession or distribution of one gram of crack carries the same penalty as 100 grams of powder cocaine. last year, congress ordered the independent u-s sentencing commission it had created back in 1984 to review this vastly different standard. it told the commission to come back with a recommendation that would have the force of law unless congress amends it within six months. the clock is now ticking. on may first, the commission recommended ending the disparity and giving crack and powder cocaine offenses the same basic punishment. that did not please the clinton administration or many members of congress, and so hearings have begun on whether to pass a bill that will change or nullify the commission proposal. commission chairman judge richard conaboy said his group of judges and lawyers would retain severe punishment for drug offenders in general. // conaboy act // however, in its extensive review of the cocaine sentencing policy, the commission was indeed troubled by the current sentencing rules that provide disproportionately severe penalties for those convicted of trafficking in crack cocaine. we were equally troubled by the fact that these penalties have a greatly disproportionate impact on the poor and minorities in our communities across the country. // end act // the pennsylvania judge said crack is cheap, the poor can afford it, and thus the 100-to-1 ratio leads directly to what he called a very, very strong perception of unfairness. several black congressmen went one step further -- they said it has a definite racial overtone. white congressman steven schiff agreed that congress has the obligation to insure the fairness of laws and their enforcement. // schiff act // but having said that, i want to make my second point which is: there is an undefeatable way for people to avoid being in the situation where they think they're being treated unfairly -- don't commit a crime! nobody has to possess powder cocaine. nobody has to possess crack cocaine, much less sell those items. // end act // congressman schiff, for many years either a prosecutor or a defense attorney, appeared to frown on reducing crack cocaine sentences to the level of powder cocaine punishment. he indicated that, if parity is the issue, powder cocaine sentencing should be made harsher. but the sentencing commission unanimously agreed that punishment for using crack should be brought down to the level for using powder cocaine. but they disagreed on penalties for distributing crack. judge deanell tacha and two more of the seven commissioners felt parity for distribution lets crack dealers off too lightly. // tacha act // to me and to the other dissenters, one to one (ratio) provides insufficient penalties for these crack dealers. a crack dealer who sells 50 grams will potentially be subject to only 12 to 18 months instead of the current 10-year sentence. // end act // judge tacha of kansas agreed however that 100-to-1 is too strong. she provided a study on how ratios of 5-to-1, 10-to-1 and 20-to-1 would affect sentencing of crack and powder felons, but made no recommendation. the justice department testified it agrees with judge tacha -- making the crack possession penalty equal to the powder cocaine level but wanting harsher penalties for crack distribution. it did not say what ratio it favors. commission member wayne budd, former justice department official, backed the one-to-one punishment ratio, and suggested congress look at it from another angle. since crack is at the low end of the distribution system, he said punishing crack defendants more severely than powder distributors flies in the face of the customary policy of going after ringleaders with the toughest penalties. more hearings will be held on several competing cocaine sentencing bills. one issue will be the commission's contention that most crack defendants usually face other concurrent charges such as robbery, and this would lead to tougher sentencing anyway. (signed) neb/doh/cf 29-jun-95 3:03 pm edt (1903 utc) nnnn source: voice of america