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"The first time in 40 years that Congress has repealed a mandatory minimum sentence"

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impik Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 04:12 PM
Original message
"The first time in 40 years that Congress has repealed a mandatory minimum sentence"
CLOSER TO SENTENCING SANITY.... Sentencing disparities when it comes to cocaine have been a national embarrassment for nearly a quarter-century. We've been dealing with an indefensible 100-to-1 ratio established in 1986 -- a person caught selling five grams of crack will face the same five-year mandatory minimum sentence as someone selling 500 grams of powder cocaine.

Because the majority of crack convictions involve African Americans, while powder cocaine convictions tend to involve whites, there's also an obvious racial component to the sentencing disparity.

The Obama administration strongly endorsed changing the law and ending the disparity altogether. Regrettably, Congress wouldn't oblige. Lawmakers did, however, take a step in the right direction today, making the disparity less ridiculous.

Congress has changed a quarter-century-old law that has sent tens of thousands of blacks to prison for crack cocaine convictions while giving far more lenient treatment to those, mainly whites, caught with the same amount of the drug in powder form.

House passage of what was called the "fair sentencing act" sends the legislation to President Barack Obama for his signature.



The sentencing disparity has been a 100-to-1 ratio. Now, it will be 18-to-1. The House was prepared to go further, but ending the disparity ran into trouble -- where else? -- in the Senate. As a result, the law will be vastly improved, though the disparity will remain a problem.

Let's not, however, brush past how significant this is. The AP noted that the success of the Fair Sentencing Act marks "the first time in 40 years that Congress has repealed a mandatory minimum sentence."

That, alone, is pretty amazing. For over a generation, a vote like this would have been the subject of shameless "soft on crime" demagoguery. Instead, the Obama White House pressed hard for the change, with no real fear of political pushback, and Congress approved a significant improvement -- in an election year -- with no qualms about how this might be twisted into an attack ad.

David Dayen added, "ou know what we don't so a lot of in this country? Reduce sentences. Check out the makeup of the world's largest prison population and you'll see what I mean. 'Law 'n' Order' and 'Tough on Crime' remain shibboleths used by politicians to hammer away at criminal sentencing reformists. So ANY change in a positive direction takes a ridiculous amount of work and struggle. This is a small step, but it's a step in the right direction."

It is, indeed. And the fact that the right isn't running around screaming about "Democrats love drug addicts" this afternoon also reflects meaningful progress when it comes to our public discourse on this issue.



http://www.washingtonmonthly.com/archives/individual/2010_07/024941.php
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Unvanguard Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 04:22 PM
Response to Original message
1. A small blow for justice in the midst of a system that remains flagrantly and systematically unfair.
One step forward, many more to go.
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Uzybone Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 04:24 PM
Response to Original message
2. ahhh the Senate...coming through again
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FiveGoodMen Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 04:25 PM
Response to Reply #2
3. You're against this?
Edited on Wed Jul-28-10 04:27 PM by FiveGoodMen
(on further reading, you're probably referring to the remaining 18 to 1 ratio, right?)

Then nevermind.
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Uzybone Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 04:35 PM
Response to Reply #3
4. Yeah. I'm referring to the fact that the Senate hates to see good legislation pass
without finding a way to tarnish it.
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Oregone Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 04:52 PM
Response to Reply #4
7. This is less unjust and less influenced by racism and classism
:rofl:

Oh, boy. Its a toughie.
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Radical Activist Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 04:51 PM
Response to Original message
5. Changing the trajectory of American politics.
And once again the Senate is the problem.
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femrap Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 04:52 PM
Response to Original message
6. Admit it....the war on drugs is lost.
Legalize all of it. Tax it. It's no worse than liquor. Hell, heroin addicts just sit quietly in the corner.

Ever see a liquored up dude sit quietly in the corner unless he's finally passed out after bugging the hell out of everyone?

All the fucking unhealthy chemicals we breath, eat, and put on our skin can't be any worse than a toot or a toke on the weekends.

I'm sick of it. I'm sick of wasting money on it. I'm sick of the police fucking around with it. Just open State Stores/Fed Stores and sell the shit.

And if you don't want to buy it, then don't.

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truedelphi Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-30-10 06:36 PM
Response to Reply #6
8. The worst aspect of most addictive drugs is that of the corruption of the System
That is why none of the Upper Elite, including Blow Holes like Di Feinstein want this stuff to be legalized.

The banks make a fortune on laundering the money. And even worse, many of the cartels clean up one family member, ship them north where they buy up a bank, and then they assimilate into the community, always being very "anti-drug" on the surface, and flooding the most vehement "anti legalization" candidates with money.

The other dirty little secret is that for most of the population, marijuana is the drug of choice. Only for or five percent of drug users fixate on heroin or cocaine or meth.

Of course, the addiction problem is much bigger when you look into the prescription drugs Americans are addicted to. But with Big Pharma controlling the hearts, minds and balls of Congress, that addiction matter will continue to be swept under the rug.
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w4rma Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-30-10 07:27 PM
Response to Original message
9. Very good. (nt)
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-30-10 07:55 PM
Response to Original message
10. Now it will be 18:1
Hey, half a loaf, right?

:rofl:

Absolutely pathetic.

-and that's directed at Biden more than anyone else for advocating this in the first place.
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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-30-10 07:58 PM
Response to Original message
11. One word: Tulia
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