U.S. Representative Alcee L. Hastings Applauds Supreme Court and Sentencing Commission's Decisions to Reform Discriminatory Crack and Powder Cocaine S

Press Release

Date: Dec. 12, 2007
Location: Washington, DC
Issues: Judicial Branch


U.S. Representative Alcee L. Hastings Applauds Supreme Court and Sentencing Commission's Decisions to Reform Discriminatory Crack and Powder Cocaine Sentencing Guidelines

WASHINGTON, DC - U.S. Representative Alcee L. Hastings (D-Miramar) today applauded the historic decision of the U.S. Supreme Court and the United States Sentencing Commission to reform the two decade-long discriminatory crack and powder cocaine sentencing guidelines that required 100 times more powder cocaine to warrant the same mandatory minimum prison sentence as crack.

"I applaud the landmark Supreme Court ruling and the United States Sentencing Commission's decision to address the disparity between crack and powder cocaine sentencing laws and applying crack sentencing guidelines retroactively," said Representative Hastings. "In the midst of the ‘War on Drugs,' these draconian sentencing guidelines were justified though the false belief that crack and its users posed a greater threat to our society than powder cocaine. Rather than waging war on drugs, this policy waged war on America's poor and minorities. Hundreds of thousands of men and women, the overwhelming number of whom are black, have been convicted through a federal statute that was rooted in propaganda rather than empirical data."

In the mid-1980's, crack cocaine became prevalent and was portrayed as a violence-inducing, highly addictive plague of the poor in inner cities. In truth, crack and powder cocaine are chemically similar, with the primary difference between crack and powder cocaine being the cost. Despite this fact, the notoriety surrounding crack led to the passage of a federal sentencing law in 1986 that required 100 times more powder cocaine to elicit the same mandatory minimum sentence as crack. On Monday of this week, the U.S. Supreme Court ruled that federal judges have the discretion to give "reasonably" shorter prison terms for crack cocaine crimes to reduce the disparity with crimes involving cocaine powder. Yesterday, the United States Sentencing Commission voted to apply less harsh crack sentencing guidelines retroactively to individuals who were convicted under the old sentencing policy.

"This policy perpetuated the destruction of our communities rather than growth and development. It favored imprisonment, not rehabilitation. Now, more than twenty years after the implementation of this drug policy, our prisons, economy and communities are feeling the strain," Representative Hastings said. "As an attorney, former judge, and now Congressman, I have worked tirelessly to ensure that our nation's criminal justice system is truly just. After years of countless attempts to correct this statute on drug criminalization and sentencing, the country has at last taken a crucial first step in the right direction."


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