The Fair Sentencing Act

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

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

The classical perspective founded by Cesare Beccaria and Jeremy Bentham; stated that at people choose to commit crime after they considered the pros and cons that could be associated with a crime, and believed that the pros outweighed the cons (Tonry,2014). The theory relied on deterring criminal acts by assuring that the consequences of crime are absolute, harsh, and quickly administered (Tonry,2014).

The book traces the devastating effect that the drug war has had on minority Communities, classed as ghettos where predominantly black or brown people reside. This group of people have suffered from years of harassment and biased law enforcement. Frankly the War on Drugs is a racist cause, an excuse to discriminate against African American communities in order to achieve

Purpose Statement: to reveal the problem of mass incarceration of poor, black male, and increasingly female, young people in the name of a bogus war on drugs from the 1980 's?90 's.

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

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 Sentencing Reform Act is associated with the Comprehensive Crime Control Act of 1984, were the U.S. federal statute increased the consistency in the United States federal sentencing. The Sentencing Reform Act created the United States Sentencing Commission. This act allowed the independent commission into the judicial branch of the United States Sentencing Commission. It consists of seven voting members and one nonvoting member. For the sake of the United States Sentencing Commission, there are regulations that establish sentencing policies and practices for the Federal criminal justice system, which ensures a meeting of the purposes of sentencing. Judges are also bestowed the power to determine the legitimacy of convictions. The aspiration of the Sentence Reform Act was to avoid unwarranted sentencing disparities among defendants with similar records who have been found guilty of similar criminal conduct Also to allow the Judicial system to process....

This brings up the question; do blacks use drugs more than whites? Contrary to public belief, the higher arrest rates of black drug offenders do not reflect higher rates of drug law violations. Whites, actually, commit more drug crimes than blacks. “By 1988, with national anti-drug efforts in full force, blacks were arrested on drug charges at five times the rate of whites. Statistical as well as anecdotal evidence indicate drug possession and drug selling cut across all racial, socio-economic and geographic lines. But, because drug law enforcement resources have been concentrated in low-income, predominantly minority urban areas, drug offending whites

In the United States, a black person is 3.73 times more likely to be arrested for marijuana possession than a white person is, despite approximately equal rates of use.

“The United States has 5 percent of the world’s population, but 25 percent of its prisoners. The cost of housing all those inmates: $80 billion a year” (Whitaker, 2016). The United States (U.S.) has been fighting an unwinnable war for the past thirty years. The U.S. government and the War on Drugs has disproportionately impacted African Americans and the prison population has quadrupled over the last thirty years. The U.S Government polices of the war on drugs have contributed to the mass incarceration of African American males due to sentencing and race disparities, over-policing, and anti-drug policies.

The War on Drugs and Mass Incarceration have been two very well-known topics of society. While these have taken place during the Cold War, there is still a continuance in them today. The impact that has been left on society from these issues have stuck around, while mass incarceration is still of talk today.

Circles were found by the Native American cultures of the United States and Canada. These circles are used for many purposes. In the 1980s, the criminal justice system adapted and developed as the people of a first nation. Local justice officials had attempted to start building closer ties with the community and formal justice system. Going into 1991, Judge Barry introduced the “sentencing circle.” The sentencing circle means that the justice process will be shared with the community. The best-known sentencing circles were called the “Hollow Water First Nations Community Holistic Healing Circle.” The members of the community would gather around to deal with a high level of alcoholism. These circles represented a safe zone. Many had begun to

After getting the public support for his campaign, America saw an unprecedented rise in its incarceration rate, particularly among African Americans. The “ War on Drugs ” has had a disparate impact on the black community even though blacks and whites use drugs at approximately the same levels. This is achieved through a myriad of formal and informal practices. African-Americans are targeted and prosecuted at a much higher rate even though they are not statistically any likelier to abuse or sell drugs than the white population.

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).