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Long Overdue for Fairness in Our Sentencing System (Rep. Jerrold Nadler)

The time has come for the United States Congress to confront the dramatic disparities in the mandatory minimum sentencing guidelines for drug offenders. On Tuesday, the Crime, Terrorism, and Homeland Security Subcommittee held a hearing on reforming the 100-1 crack to powder cocaine disparity. Under current guidelines, a conviction for possession of five grams of crack cocaine will result in a five-year mandatory minimum sentence. However, it takes possession with the intent to distribute 500 grams of powder cocaine to receive the same sentence. The medical and legal facts do not support the draconian difference between these two offenses. The clear result of this disparity has been a disproportionate number of poor and minority defendants serving longer sentences for committing what is, in essence, the same offense. We are long overdue to bring some common sense and fairness to our sentencing system.

Tags Cocaine Crack cocaine Criminal procedure Fair Sentencing Act Government Kimbrough v. United States Law Mandatory sentencing Race and crime in the United States Social Issues United States Federal Sentencing Guidelines

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