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News (Media Awareness Project) - US: U.S. Panel Proposes Cocaine Penalty Changes
Title:US: U.S. Panel Proposes Cocaine Penalty Changes
Published On:1997-04-29
Source:Reuters
Fetched On:2008-09-08 16:28:45
WASHINGTON (Reuter) The U.S. Sentencing Commission
proposed Tuesday reducing the wide disparity between crack and
powder cocaine penalties, an issue that has led to charges of
discrimination in the criminal justice system.

The panel, an independent agency in the judicial branch of
government, recommended in a report to Congress that the federal
penalties for the two principal forms of cocaine should be
revised and made more comparable to each other.

Controversy over the issue has emerged in recent years due
to the tougher sentences given mainly to blacks for crack
cocaine while the punishment has been lighter for convictions
involving powder cocaine, a drug more often used by whites.

The disparity has led to a perception of unfairness and
inconsistency in the nation's judicial system.

Under current law, five grams of crack cocaine and 500 grams
of powder cocaine both trigger the same mandatory minimum
sentence of five years in prison.

``We feel strongly that the current policy must be changed
to ensure that severe penalties are targeted at the most serious
traffickers,'' Judge Richard Conaboy, the sentencing commission
chairman, said.

The panel unanimously agreed that the current ratio ``cannot
be justified,'' even though research and public policy may
support slighly higher penalties for crack than for powder
cocaine.

It proposed that the fiveyear mandatory minimum sentence be
reduced for powder cocaine at a level between 125 and 375 grams
while the trigger for crack should be raised to a level between
25 and 75 grams.

At the White House, President Clinton vowed to give the
proposals ``very serious consideration'' and said he looks
forward to working with Congress on the issue.

``The sentencing laws must continue to reflect that crack
cocaine is a more harmful form of cocaine,'' Clinton said. But
he added, ``Some adjustment to the cocaine penalty structure is
warranted as a matter of sound criminal justice policy.''

Clinton said he directed his antidrug director Barry
McCaffrey and Attorney General Janet Reno to review the
recommendations and report back to him within 60 days.

McCaffrey and Reno, in a joint statement, welcomed the
proposal. ``We are convinced that justice is served best and
respected most when sentences are made fair for all. The
Sentencing Commission report moves us in the right direction.''

Congress asked the commission to submit new recommedations
on cocaine sentencing policy after rejecting proposed changes
the panel made in 1995 to sharply reduce the penalties for crack
cocaine.

The new proposals would have to be approved by Congress and
signed into law by Clinton.
Sen. Spencer Abraham, a Republican from Michigan,
immediately opposed any reduction in crack cocaine penalties,
saying it would send the wrong message.

``Lowering sentences for crack dealers is not fair to the
vast majority of people living in communities, like Detroit,
under attack by the crack dealers,'' Abraham said, adding that
he supports tougher powder cocaine sentences.
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