Anti Drug Abuse Act Of 1986

It a ludacris ratio, but they stuck with it and stuck it to a lot of low level users and dealers. There was an even harsher punishment for those who carried 5 grams of crack cocaine or more. A first time offender who was in possession of 5 grams of crack would be given a mandatory 5 years in prison. That means that you would be given the same amount of prison time for having 500 grams of powdered cocaine in your possession. If an individual was caught we 50 grams of crack, it would be an automatic 10 years. There has never been a class of drug in the history of the United States that has been as racially skewed in regards to the number of offenses. According to the United States Sentencing Commission, which I might add came about as a product of the Anti-Drug-Abuse Act, 79% of the 5,669 sentenced crack offenders in 2015 were African American 10% where Hispanic, and the remaining 10% were white. When you contrast that with the 6,103 cases were cocaine was the charge, the numbers are a little more spread out along the playing field: 53% Hispanic, 27% Black, 18% white. Rightfully so, someone finally took care of the injustice that was created back in 1986. In 2010, President Obama signed the Fair Sentencing Act. What the Act did was it lowered the ratio of crack to cocaine from 100-1 to 18-1. That’s still a very high number for two almost identical drugs that have the same effects, has the same molecular structure, and is just as addictive. Bills are currently being presented in order to lower the sentencing ratio down to

Alexander, author of The New Jim Crow: Mass Incarceration in the Age of Colorblindness, explained how our treatment of criminals has created a new racial caste system, and the only way to make change is by massive social change and Civil Rights movement. The criminal laws often focus on psychoactive drugs used by the minority populations. Minorities are disproportionately targeted, arrested, and punished for drug offenses. For instance, Black, Latino, Native American, and many Asian were portrayed as violent, traffickers of drugs and a danger to society. Surveillance was focused on communities of color, also immigrants, the unemployed, the undereducated, and the homeless, who continue to be the main targets of law enforcement efforts to fight the war on drugs. Although African Americans comprise only 12.2 percent of the population and 13 percent of drug users, they make up 38 percent of those arrested for drug offenses and 59 percent of those convicted of drug offenses causing critics to call the war on drugs the “New Jim Crow”(drug policy). The drug

Mandatory minimum laws, which set different minimum sentences for crack and powder cocaine possession, are policies that are inflexible, “one-size-fits-all” sentencing laws that undermine the constitutional principle that the punishment should fit the crime and undermine the judicial power to punish an individual in context of the specific circumstances. Similarly, 3-strikes laws also ignores judicial discretion. Truth-in-sentencing policies refer to policies created to have a convict serve the full sentence, regardless of good behavior or other deterrent. These policies are created to only incapacitate people—more specifically minorities—not to rehabilitate them. More people in jail and longer sentences are not helping ensure public safety.

The United States features a prison population that is more than quadruple the highest prison population in Western Europe (Pettit, 2004). In the 1980s, U.S. legislation issued a number of new drug laws with stiffer penalties that ranged from drug possession to drug trafficking. Many of those charged with drug crimes saw longer prison sentences and less judicial leniency when facing trial. The War on Drugs has furthered the boom in prison population even though violent crime has continued to decrease steadily. Many urban areas in the U.S. have a majority black population. With crime tendencies high in these areas, drugs are also prevalent. This means that a greater percentage of those in prison are going to be black because law

In 1950, 70 percent of whites were imprisoned and in 1990 it flipped to 70 percent of African Americans and Latinos imprisoned. In 2008 a study showed that 68 percent of those in prison were African Americans and among drug offenders who were released, 92 percent were black (Vogel, 2016). Nearly 14 million whites and approximately 2.6 million African Americans report using an illicit drug (Criminal, 2016). In 1980 whites were more likely to sell drugs than blacks by 45 percent. In 2012, 6.6 percent of whites sold drugs compared to just 5 percent of blacks. However, blacks are 3.6 times more likely than whites to be arrested for selling drugs and 2.5 times more likely to be arrested for possession of drugs. (Rothwell, 2014). Blacks make up 12 percent of the total population of drug users, but 38 percent are arrested for drug offenses. African Americans essentially serve as much time for drug offenses as whites do for violent offenses. Yet blacks are incarcerated at six times the rate of whites (Criminal, 2016). “Jerome Miller analyzed arrest statistics from several American cities to determine the impact of the War on Drugs on policing. He found striking racial disparities in how drug arrests were made. In many jurisdictions, African American men account for over eighty percent of total drug arrests. In

Most of us would agree that drug abuse and addiction is no respecter of persons. Regardless of age, race, gender, or economic status drug addiction can rear its ugly head in any situation. Like most Americans, I have personally been affected by the pitfalls of drug addiction from relatives and friends. Therefore, I have witnessed firsthand the devastation that it leaves on family members, friends, and the communities, in which they reside. Since its inception in 1986 the Anti-Drug Abuse Act, as caused more harm than good. At the start of this Act, Congress implemented maximum drug quantities initially targeted at “serious” and “major” drug traffickers. Congress concluded that 500 grams of powder cocaine would trigger a five-year mandatory minimum, and five kilograms would trigger a ten-year mandatory minimum. However, for crack cocaine the triggering quantities were significantly less. Only five grams of crack cocaine would prompt five-years and just fifty grams to prompt a ten-year sentence. This massive gap became known as the 100-to-1 sentencing disparity. Soon after several states began to legislate sentencing disparities between powder cocaine and crack cocaine into their criminal codes. The original targets of

This paper aims will provide a concise history of drugs deriving from the erythroxylum coca plant and the sociological impact powder and crack cocaine legislation in the American justice system.

Prior to studying sociology and public policy, I was very uninformed and oblivious to the injustices that black people were facing in regards to drug charges. These injustices were disguised under President Reagan’s War on Drugs, but were used disproportionately to discriminate against African Americans and label them as felons, thus revoking them of any ability to receive government assistance, find adequate housing, or to be a suitable candidate for many jobs. These forms of social control, while legal, are very reminiscent of the Jim Crow laws that existed post-Reconstruction.

Alexander highlights the fact that these statistics contradict the fact that drugs are used and sold at similar rates among different races and that white youth are actually more likely to engage in drug related activity than any other age and racial group. Although the official line is that the increased rates of African Americans arrested for drug charges is due to an increase in crime rates, this has not been seen in the incarceration rates for

In 1982 the crack epidemic started, which shortly after Ronald Reagan expanded the war on drugs that Nixon started, one of his top aides admitted that the war on drugs was used to “target African Americans and hippies”. The number of incarcerations before the war on drugs was expanded in 1980 was four thousand seven hundred forty-nine for drug related crimes, in 1990 that number increased to twenty-four thousand two hundred ninety-seven, sixty percent of those incarcerations were African Americans (sentencingproject.org). If you were caught with one gram of crack you got the same sentencing as someone found with eighteen grams of cocaine, it was policies like these that targeted lower income black communities because crack was much cheaper than cocaine and was more likely for a white person to have cocaine.

The “War on Drugs” established that the impact of incarceration would be used as a weapon to combat the illegal drug problem in this country. Unfortunately, this war against drugs has fallen disproportionately on black Americans. “Blacks constitute 62.6% of all drug offenders admitted to state prisons in 1996, whereas whites constituted 36.7%. The drug offender admissions rate for black men ranges from 60 to an astonishing 1,146 per 100,000 black men. In contrast, the white rate begins at 6 and rises no higher than 139 per 100,000 white men. Drug offenses accounted for nearly two out of five of all black admissions to state prisons (Human Rights Watch, 2000).” The disproportionate rates at which black drug offenders are sent to prison originate in racially disproportionate rates of arrest.

In 1994 there was 15,000,000 incarcerations, in 2002 there were 13,500,000, and by 2012 there were only 12,000,000 incarcerations. The notion of a historic boom in incarceration after the 1994 crime bill was passed is completely false. This fact takes away the movies narrative of social injustice and the massive incarceration that is taking over our modern society today. This section of the movie then goes on to claim that black people are targeted for the consumption and dealing of drugs in the 90’s. However, the Bureau of Justice Statistics states that 50% of drug incarcerations were white people and 49% was black and the 1% was other races. If black people were targeted in this time era so heavily, why were there more white people in jail for drugs compared to African-Americans? At this same time SAMHSA did a survey in prison asking inmates whether they are in prison for selling drugs or consumption. 82% of the people were white and 16% was black. The percent of African-American drug users was 13% and the incarceration rate was 13%, at this time 60% of blacks lived in intercity metropolitan areas were the majority of arrests were made. This shows that it isn’t the polices fault for making these arrest, but the people in the intercity who involved themselves in using drugs knowing well that there was a higher chance of being arrested due to higher police force in areas that require it.

Since the inception of mandatory minimum cocaine laws in 1986 to the advent of the Armstrong case, not a single white offender had been convicted of a crack cocaine offense in federal courts serving Los Angeles and its six surrounding counties. Rather, virtually all white offenders were prosecuted in state court, where they were not subject to that drug’s lengthy mandatory minimum sentences. The impact of the decision to prosecute the black defendants in federal court was significant. In federal court they faced a mandatory minimum sentence of at least 10 years and a maximum of life without parole if convicted of selling more than 50 grams of crack. By contrast, if prosecuted in California state court, the defendants would have received a minimum sentence of three years and a maximum of five years (United States v. Armstrong, 1996).

Since the 1980s drug offenses have increased from nineteen thousand to two hundred sixty five thousand in 2008. For many years now, our jails have been struggling with overcrowding. In 2010, our President Barack Obama, signed the Fair Sentencing Act. The Fair Sentencing Act helps reduce disproportion between the amount of crack cocaine and powder cocaine. The act helps in determining whether a person who is caught with five grams of crack/ powder cocaine, should receive the same sentencing as someone who has one hundred times more than that. According to the National Governor’s Association, forty-six states were faced with a budget deficit. With the implementation of the Fair sentencing Act in place, we can begin to see the reduction in jail overcrowding.

The history of drug use dates back for thousands of years with diverse purposes throughout humanity. According to Levinthal (2012), the drug-taking behavior gained federal awareness in the early 1900s, due to the lack of drug control regulations. Moreover, Levinthal (2012) mentions four major drug control laws which were established, including: (1) The Harrison Narcotic Act 1914, (2) The Marijuana Tax Act 1937, (3) The Boggs Act 1951, and (4) The Controlled Substance Act 1970. The drug control laws formed help regulate importation, manufacture, selling, or distribution of drugs within the United States (Levinthal, 2012).