11/20/07
Nation & World

Media Credit: Lawrence Ball

One out of every four inmates in Washington, D.C. may be able to serve shorter sentences if the recent reduction of mandatory minimum sentences for dealing crack cocaine is applied to them.

The United States Sentencing Commission, a government group responsible for establishing federal prison guidelines, said the new guidelines lowered the average sentencing for a convicted crack cocaine dealer by 15 months, from 10 years and one month to eight years and 10 months.

While this change is welcomed by those looking to close the gap between crack cocaine and powder cocaine, the sentencing is still not equal.

A sentencing guideline the Commission released states that, under federal law, powder cocaine offenders who possess 500 grams of powder receive the same five-year mandatory minimum sentence as crack cocaine offenders who are found with only 5 grams of crack.

Blacks are more likely to be crack cocaine offenders, while white are more likely to be powder cocaine offenders.

According to Judge Arthur L. Burnett, Sr., a professor at the Howard University School of Law, women are more likely to receive harsh sentences, especially if children are involved.

Joshua Senavoe, president of the Student Bar Association at the Howard University School of Law, said he supports the American Bar Association (ABA) and believes the action for retroactivity is right.

"I am not surprised at all, but still disappointed, that the Justice Department, President Bush and people like Gretchen Shappert [U.S. attorney for the Western District of North Carolina] argued against the action, because they claim this will cause an influx of the very people who are most likely to re-offend and most likely to upset fragile neighborhoods," Senavoe said. "That's ridiculous."

Burnett said all Americans will be affected by the new amendment.

"Any person that committed a federal crime is also affected," Burnett said. He also said it is the job of the Commission is to recommend criminal law and sentencing procedures to Congress.

Burnett is the executive director for the National African-American Drug Policy Coalition, a group of more than 4,000 professionals working toward the impact of drug policies and laws on the African-American community. Burnett said the 15-month difference in the sentence reduction will make an impact.

Continued...

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