The US states are making independent efforts to eliminate disparities arising due to the unequal sentencing against minorities. The Anti-Drug Abuse Act of 1986 is among the laws at the center of the disparate sentencing discrepancy. Lynch & Omori (2018) assert that the 1986 Act imposes disproportionate sentences for offenders convicted of using or possessing crack and powder cocaine. Attempts to establish a fair criminal justice system at the federal level have not been successful. However, well-intended fair sentencing legislation could easily lead to the violation of the Fourteenth Amendment if solely designed to apply retroactively for defendants accused of lesser drug felony charges.
The Congress’ passage of the Anti-Drug Abuse Act of 1986 created 5-year mandatory sentencing for anyone found in possession of five grams of crack. These conditions applied uniformly regardless of whether one was convicted as a first-time offender (Walker & Mezuk, 2018). However, the Act applied disparately to persons caught in possession of powder cocaine. A powder cocaine consumer or possessor could only face a similar 5-year mandatory sentencing if caught with 500 grams of the drug, which led to the situation described by a 100:1 disparity ratio (Bjerk, 2017). Walker and Mezuk (2018) assert that efforts to standardize the law have only seen the sentencing disparity reduced to 18:1, which is still an unfair and unjustified sentencing scheme. As they are the main convicts for the possession of crack, African Americans are often convicted to serve exceedingly longer sentences than whites for the same offense.
The passage of the legislation to eliminate the disparity in sentencing between crack and powder cocaine is a commendable step towards an impartial criminal justice system. In essence, the 18:1 ratio effected through the Fair Sentencing Act (FSA) of 2010, much as it is a commendable development, continues to cause a racial disparity in prison sentences between African Americans and the white majority (Lynch & Omori, 2018). The federal government and states should strive for a 1:1 ratio to restore the people’s confidence in the criminal justice system, especially among black communities who have been the primary victims of the draconian cocaine sentencing laws. The terms of the reviewed law or new legislation must favor defendants accused of both major and minor drug felony charges.
The resentencing provisions of the recently passed legislation will be a violation of the Fourteenth Amendment on equal protection if solely applied retroactively for defendants charged for lesser drug felonies. The Act may result in resentencing relief for the same white majority favored by the Anti-Drug Abuse Act of 1986 and the Fair Sentencing Act (FSA) of 2010. This is in view that the majority of defendants charged for possession and use of powdered cocaine, a seemingly lesser felony, are majorly whites. On the other hand, defendants charged for the possession and use of crack, majorly African Americans, may not benefit from the resentencing relief because they were charged for a presumed major offense. Therefore, the resentencing provision would be a violation of the equal protection clause.
In overview, it is apparent that the Anti-Drug Abuse Act of 1986 and the Fair Sentencing Act (FSA) of 2010 have been the basis of disproportionate sentencing in the US justice system. Offenders charged for possession and crack use, as they are majorly African Americans, serve longer sentences than powder cocaine offenders, much as this is the same drug in different forms. However, any new legislation to eliminate the disparity should apply uniformly for all defendants whether accused of major or lesser drug felony charges. In any case, courts have been using a misinformed law basis to determine the degree of drug felony charges for crack and powder cocaine.
References
Bjerk, D. (2017). Mandatory minimum policy reform and the sentencing of crack cocaine defendants: An analysis of the Fair Sentencing Act. Journal of Empirical Legal Studies, 14(2), 370–396.
Lynch, M., & Omori, M. (2018). Crack as a proxy: Aggressive federal drug prosecutions and the production of black-white racial inequality. Law & Society Review, 52(3), 773-809.
Walker, L. S., & Mezuk, B. (2018). Mandatory minimum sentencing policies and cocaine use in the US, 1985–2013. BMC International Health and Human Rights, 18(1), 43.