The Federal Sentencing Guidelines Adopted

“Just Say No!” A statement that takes us deep into yet another decade in the history of the United States which was excited by controversies, social issues, and drug abuse. The topic of this statement is fueled by the growing abuse of cocaine in the mid 1980s. I shall discuss the effects of the crack cocaine epidemic of the mid 1980s from a cultural and social stand point because on that decade this country moved to the rhythms and the pace of this uncanny drug. Cocaine took its told on American society by in the 1980s; it ravaged with every social group, race, class, etc. It reigned over the United States without any prejudices. Crack cocaine was the way into urban society, because of its affordability in contrast to the powdered

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

As a legacy of the Civil Rights Movement, blatant racism is no longer viewed as acceptable social behavior. However, the absence of blatant individual racism cannot be equated to the absence of structural racial discrimination. With the Thirteenth Amendment preserving slavery as punishment in the prison system, criminality is being manipulated by the media to be associated with race. We see the full effects of the overrepresentation with War on Drugs legislation, which are policies that categorized drug use as a crime instead of health issue pushed forward by the Reagan administration. The master narrative of the criminality painted the legislation as colorblind, or nondiscriminatory, policies that will benefit all citizens and created

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.

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.

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

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

Throughout history, the drug war has always targeted minority groups. “At the root of the drug-prohibition movement in the United States is race, which is the driving force behind the first laws criminalizing drug use, which first appeared as early as the 1870s (Cohen, 56)”. There were many drug laws that targeted minority groups such as the marijuana ban of 1930s that criminalized Mexican migrant farm workers and in the Jim Crow South, reformist wanted to wage war on the Negro cocaine feign so they used African Americans as a scapegoat while they overlooked southern white women who were a bigger problem for the drug epidemic (Cohen, 57). Instead of tackling the root of the drug problem they passed the blame to struggling minority groups within the United States.

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.

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.

Eventually, the government is going to realize that they are wasting money and putting people’s lives in danger. Overcrowded prisons are a threat to everyone involved. To alleviate the situation, correctional institutions need to downsize inmate populations. I believe one of the main reasons prisons are overcrowded is due to mandatory minimum sentencing. The U.S has very strict sentencing guidelines when it comes to sentencing. According to Hooker and Hirsh, “A felony conviction generally, by law, means a term of mandatory incarceration. An accused faces mandatory sentencing if he/she has any past felony conviction, or if he/she is accused of being a repetitive offender. As to the former, any past conviction counts, no matter how old” (Berlatsky 94-95). Hooker and Hirsh follow this claim up with the perfect example, “As to the latter, one would become a repetitive offender if he were to sell a marijuana cigarette on one day, and repeat that act the next day. All these trigger mandatory sentences at conviction” (Berlatsky 95). This become somewhat of a never ending circle for such a small petty crime. Which brings me to nonviolent drug users.

Are Americans receiving justice in the law system? Statistics indicate otherwise, a quarter of the population is locked up in the land of the free. The crack epidemic has been monumental in contributing to the mass incarceration rates, especially towards minority males. A crack cocaine offense bears a more severe offense penalty than powder cocaine, for example, if an individual has five grams of crack, they would do the same five years as someone caught with five hundred grams of powder cocaine. Non-violent drug offenses should be prosecuted but the minimum sentencing legislature ought to be eliminated.

Crack does best where Americans –especially minorities- do worst. With crime increasing rapidly “congress passed new laws to extend the length of criminal sentences… the number of persons incarcerated increased each year from 1986 through 2000.” (Reinarman, 2004)

The war on drugs has maintained an accumulation of prohibitions on illegal drugs and mandatory minimum sentencing strategies for drug offenders. Incarceration rates have also increased due to the increase of laws against illegal drugs. In Eugene Jarecki’s film, The House I Live In, Jarecki states that the penalties for crack users were harsher than penalties for regular cocaine users. This suggests that penalties are more of a double standard theory. The “War on Drugs” is more of a failure that places restrictions and prohibitions on drug offenders and has not necessarily shown a sense of equal stability; thus, leading to faulty sentences, misinterpretations of the real purpose of this initiative, and an overpopulation of prisons.

The rate of people incarcerated for nonviolent drug offenses increased from 50,000 in 1980, to over 400,000 by 1997. This significant increase can be a result of the Anti-Drug Abuse Act of 1986, which set mandatory minimum sentences for drug related crimes. In the 80s, the media’s portrayal of individuals who were addicted to crack cocaine is what made the public become so concerned