Such an unjustified disparity currently exists in federal law for the punishments imposed for crack and powder cocaine. This makes complete sense given the different level of harm imposed on the victim.ĭifferences in the sentences imposed for the same or substantially similar crimes that are not justified by public safety or the harm caused undermine trust and credibility in the law, our courts, and the justice system. For example, theft crimes are punished differently based on the value of the items stolen. by Jeremiah MostellerĪmericans for Prosperity believes that our criminal justice system should promote public safety, preserve human dignity, and provide equal justice for all under the law.Īccountability is an essential component of justice, but that accountability must be proportional based on the harm caused to a victim or the local community. See the fact sheet for more information and sources.Facebook twitter googleplus linkedin email print This criminal justice solution was well-intentioned. This means that Black people continue to receive far harsher drug sentences than white people even though powder and crack cocaine are nearly identical substances. Statistics show that Black people are more likely to be convicted of crack cocaine offenses (even though the majority of crack cocaine users are white) and white people are more likely to be convicted of powder cocaine offenses. This sentencing disparity has had a disproportionate impact on poor people and people of color. While the law was changed in 2010, there continues to be a disparity of 18 to 1.
Until 2010, this sentencing disparity was 100 to 1, which means that while just 5 grams of crack would carry a 5-year mandatory minimum, it would take 500 grams of cocaine to trigger the same 5-year sentence. Sentencing Disparitiesĭespite the fact that the chemical structure of powder cocaine and crack cocaine is nearly identical, the punishment for crack possession or sales is far greater than that of cocaine. How quickly the effects are felt differs based on how it is taken, as do the ways in which the associated harms can be reduced. Thus crack cocaine tends to be cheaper, faster acting, and the high lasts for a shorter period of time, compared to inhaling powder cocaine. Powder cocaine is snorted, injected or swallowed, while crack cocaine is smoked. However, there is a difference in the way that the drugs are taken. This means that, chemically, they are nearly identical and hence, produce similar results. There are no pharmacological differences between powder cocaine and crack cocaine.
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