BACKGROUND:
Under current law, possession of five grams of crack cocaine (approximately the weight of two sugar cubes) triggers a mandatory minimum five-year prison sentence, while trafficking 500 grams (one pound) of powder cocaine triggers the same sentence. This 100:1 sentencing disparity between crack and powder cocaine has been in place since 1986, despite scientific and medical experts' determination that the pharmacological effects of the two drugs are exactly the same.
The dramatically higher penalties for crack disproportionately affect the African American community, which in 2007 constituted 81% of offenders convicted for use of crack.
The Fair Sentencing Act of 2009 (S. 1789/H.R. 3245) offers reform of federal crack cocaine sentencing by reducing the ratio between crack and powder sentencing, increasing the quantity of crack cocaine needed to trigger a mandatory minimum prison sentence, and directing federal resources toward large-scale drug traffickers and violent offenders.The imprisonment of crack cocaine offenders for disproportionate, excessive prison stays erodes communities’ faith in the fairness of our criminal justice system. The Senate passed the Fair Sentencing Act in early March, and we must urge the House to do the same.
JEWISH VALUES:
As Jews, we are taught to seek justice through just means. Deuteronomy 16 reminds us, “Tzedek, tzedek tirdof.” A criminal justice system that applies sentences disproportionately or unfairly is far from just. Human beings are capable of reshaping their lives, and we must work to aid individuals, including drug offenders, with that process: “I have no pleasure in the death of the wicked, but that the wicked turn from his way and live” (Ezekiel 33:11).
TAKE ACTION:
Urge your Representative to support the
Fair Sentencing Act of 2009 (H.R. 3245) to eliminate the disparity in cocaine sentencing. The Capitol Switchboard can be reached at 202.224.3121, or you can
send an e-mail by entering your zip code above. For more information, contact Legislative Assistant
Rebecca Katz at 202.387.2800.
