Mandatory Minimum Sentences
In the 1986 the Anti-Drug Abuse Act was enacted by congress, America found itself in fear of raw violence that the narcotic Crack Cocaine was having on our nation. Crack is believed to have originated in the Bahamas in 1979 when there was an oversupply of cocaine in the world. Since it was so cheap to get cocaine Drug Dealers found a way to be able to make more money by “cutting” the powder cocaine and making “rock” cocaine. This new trend “Freebasing” ran vapid in the Bahamas and eventually making its way to the Caribbean and United States. Because this was cheaper and more addictive than Cocaine powder the drug dealers began to push this new drug in the streets and this in turn began a slew of crime and violence
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(1) The Anti-Drug Abuse Act of 1986 which congress passed was a remedy that would end the on slot of crime and Violence which was becoming ramped in city streets and spilling over to urban neighborhoods. The enacting of these laws were the direct results of the mass prosecution of American Minorities with African Americans defendants being charged with crack offences, while white offenders were usually indicted on powder cocaine possession, Because making the sentencing for African Americans harsher than that of their white counterparts. (1) The sentencing disparities were broken up in tiers between crack cocaine and powder cocaine the inequality of sentencing was for example If an African American is arrested for possession of 5 grams of crack his sentence is will start at a mandatory minimum sentence of (5, 10, 15) years in prison where as their counterparts 500 grams of powder (5, 10, 15) years in prison. The difference is astronomical and would the main contributor to the pandemic of mass incarceration of minorities. Judicial Racial bias keeps more people of color in prisons and on probation than ever before a direct result of …show more content…
The Sentencing inequality for Criminal penalties like possession and sale of powder and crack cocaine are severe. Even with recent federal reforms of crack sentencing laws, much higher penalties still exist for possession of crack and sale of crack, despite the fact that it is the same drug as cocaine. Possession of 28 grams of crack cocaine yields a five-year mandatory minimum sentence for a first offense; it takes 500 grams of powder cocaine to prompt the same sentence. The disparities in the sentencing guidelines for cocaine are unconstitutional and should be changed due to the sentences inequality that it has made in our legal system. Many judges are held hostage by the laws that were enacted 1986 and have spoken out about the inequality of sentencing guidelines even then Chief Judge Lyle E. Strom of the District of Nebraska wrote that “the evidence is clear that the cocaine molecule is the same whether the drug being used is powder form or in crack form, and is not inherently more dangerous in crack
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
Has the criminal justice system always been unfair to minorities? Lauryn Hill, a famous songwriter talks about several things that opened the eyes of citizens everywhere across this nation in her album MTV Unplugged No. 2.0. In her song, “Mystery of Iniquity” she exposes the unjust court system and how everyone plays a part. The word iniquity means immoral unfair behavior. In the song Lauryn is trying to understand the meaning of the unfair behavior by the criminal justice system. She released this album in 2001, and she was not wrong for publicizing her views on this masterpiece of an album. We tend to forget that under President Clinton’s term, he enforced the 3 strikes and you're out policy, which placed more African American men in person for using crack cocaine than ever before. In the early 2000s, African Americans made up nearly 80% of a prison's population due to the federal crack cocaine laws and they also served more time in prison for drug offenses than their white counterparts. However, during this time period more than 67% (⅔) of crack cocaine users were either white or Hispanic.
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.
In today’s modern world, many people would be surprised to find out that there is still a racial caste system in America. After witnessing the election of a black president, people have started believing that America has entered a post-racial society. This is both a patently false and dangerous mindset. The segregation and stigma of race is still very much alive in our society. Instead of a formalized institution such as slavery or Jim Crow, America has found a new way to continue the marginalization of blacks by using the criminal justice system. In Michelle Alexander’s book “ The New Jim Crow”, she shows how America’s “ War on Drugs “ has become a tool of racial segregation and how the discretionary enforcement of drug laws has
When you think of mass incarceration it is imperative to look at the causes that affect minorities. One major thing that produced an increase in mass incarceration is the war on drugs. The war on drugs has impacted minorities in a major way. The war on drugs pushed policymakers to structure laws that were targeting underprivileged individual mainly minorities group. In addition, “The deinstitutionalisation of people with mental illnesses, and punitive sentencing policies such as three-strike laws (mandating life imprisonment for third offences of even relatively minor felonies) and mandatory minimum sentences for specific offence, even for some first0time offenders undoubtedly helped to both launch mass incarceration and keep it going” (Wilderman, & Wang, 2017, p. 1466). The war on drugs came during a time when crack cocaine became widespread in the black community. The popularity of crack cocaine became prevalent and accessible for many low-income individuals. Therefore, the high rate of crime that was induced by the crack epidemic forced many jobs to leave the communities. However, the structuring of laws put more emphasis on crack cocaine than powder cocaine. Not to mention, crack cocaine is prevalent in minority communities, and powder cocaine is present in the majority community. According to Martensen (2012), “Not only does this deny accessible goods and services to local residents, it likewise decreases the local job opportunities available for community members” (p. 214). Consequently, many African American called on the police to take action against the same people that looked just like them. Crutchfield, & Weeks (2015) states, “Some of the changes during this period of increased incarceration that disadvantaged people of color coming into the justice system were implemented with the help and support of African American political leadership” (p. 109). Therefore, lawmakers had to come up with a solution to address the issue. Law-makers created laws that put emphasis on arresting drug dealers for selling drugs. These small-time drug dealers were becoming a hazard to the community. However, the laws begin to cause harm to all that looked brown or black whether
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
Crack cocaine has been popular since the 1970s and mid 1980s. Crack cocaine is not a new drug; this drug is obtained from coca plant which grows mainly in South America. For many years, the native South American Indians chewed its leaves to develop strength and increased energy. By the 1800s, the cocaine was secluded from its leaves and used as a medicinal drug. By the late 1800s, it was used as an anesthetic and to avert surgical hemorrhage. The next century, people recognized crack cocaine an addictive narcotic and its non-medical use of the drug was ended by the Harrison Narcotics Act in 1914 (“How crack cocaine works?”).
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
African Americans constitute 12% of the U.S. population, 13% of the drug using population and fully 74% of the people sent to prison for drug possession. Studies have shown that minorities are subject to disparate treatment at arrest, bail, charging, plea bargaining, trial, sentencing, and every other stage of the criminal process. These disparities accumulate so that African Americans are represented in prison at seven times their rate in the general population; rates of crime in African American communities is often high, but not high enough to justify the disparity. The resentment destabilizes communities and demeans the entire nation. (Justice, 2004)
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.
1993 recorded the highest number of violent crimes in D.C. during the crack epidemic with 16,888 violent crimes recorded. It is apparent that the increased penalties and stiffer sentences for possession and distribution of crack cocaine did not result in a decrease in violent crime. Violent crime in D.C during the crack epidemic increased despite the imposition of stricter sentencing guidelines. During a subcommittee meeting on crime, terrorism, and homeland security in 2009 Judge Gohmert stated, “This sentencing disparity between powder and crack cocaine raises important public policy issues, on the one hand, because African-Americans comprise the majority of crack cocaine offenders to crack cocaine penalties that resulted in a disproportionate number of African-Americans serving longer sentences than powder cocaine offenders.”
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.
In the 1980s, the United States has witnessed a scar that swept many Americans off their feet. The scar consisted of the effect that crack had on Americans in the 1980s. Many Americans believe that drugs are the main thing that is causing many social problems in society. For instance, in 2004, New York Senator Charles Schumer stated, “Twenty years ago, crack was headed east across the United States like a Mack truck out of control, and it slammed New York hard because we just didn't see the warning signs” (n.p). Therefore, crack was a serious problem during the 1980s and it was also destroying society. Due to the negative impact of crack, America began to create homeless addicts, crack babies, an increase in gang violence, and an increase