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Rev. Al Sharpton

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Sentencing Disparity On Its Way Out -- And It's About Time

Posted: 06/02/11 09:45 PM ET

Somewhere in a U.S. prison today, a young Black man sits behind bars counting down the years, months and days till he sees freedom. After spending the better part of his adolescence locked away for cocaine distribution, he has become hardened and likely more dangerous while his White cellmate was released years prior for virtually the same crime. The difference? The Black kid sold crack and received a severe mandatory sentence, while the White kid distributed grams of loose cocaine for which there was no mandatory sentence. It should come as no surprise that this disparity between crack cocaine offenses and powdered cocaine offense has applied to different folks across unfortunate racial lines. President Obama and U.S. Attorney General Eric Holder have quickly and diligently worked to reduce this inequity, and now they're ready to take it one step further.

In August of last year, President Obama signed into law the Fair Sentencing Act which tackled this inconsistency head on. Lowering the sentencing disparity from 100:1 to an 18:1 ratio, this law is a tremendous initial method of working towards a more just judicial system. But as AG Holder so eloquently stated on Wednesday, in order to promote public safety and public trust, this progressive legislation must be applied retroactively to the thousands already enduring harsh sentences for these low-level drug offenses.

Testifying before the U.S. Sentencing Commission in Washington, AG Holder not only stressed the significance of the Fair Sentencing Act that is now being implemented nationwide, but he also emphasized the urgent need to apply this law to prior cases. As the Associate Press reported, a year ago, a drug dealer caught with 50 grams of crack cocaine faced a mandatory 10 years in federal prison, but with this new rule, that time has been cut to as little as 5 years. If these new sentencing laws are in fact made retroactive, some 12,000 current inmates could see their time reduced by an average of three years. Holder added that this regulation wouldn't apply to those individuals who used weapons in the commission of their offense or those that had extensive criminal records. This of course may reduce the number of people affected, but in essence it would create a safe and equitable method of applying the sentencing regulation.

We at National Action Network have been openly vocal about our objection towards drug sentencing inequality for some time now, and we are pleased that our president and AG Holder recognize the dire need to rectify this injustice. More than 60% of our prison population today is comprised of racial and ethnic minorities, and much of this is a direct result of the excessive mandatory penalties of the war on drugs according to The Sentencing Project. A shocking 3/4ths of all persons behind bars for drug offenses are people of color as the Project's website states, and for Black males in their twenties, 1 in 8 is in jail on any given day.

When such horrific stats continue to plague our society, and when there is a proven direct causal relation between harsh low-level drug sentences and incarceration rates among minorities, we must do something. For years we watched as more and more of our young men -- and women -- literally lost decades of their lives as offenders of similar crimes quickly found freedom. We are in no way, shape or form saying that breaking the law on any level is ever permissible, but what we are emphatically stating is that the hand of justice come down equally no matter what the race/ethnic make up is of the person involved. And we only hope that Congress heeds AG Holder's guidance in retroactively applying the Fair Sentencing Act. We will be patiently waiting.

 

Follow Rev. Al Sharpton on Twitter: www.twitter.com/TheRevAl

Somewhere in a U.S. prison today, a young Black man sits behind bars counting down the years, months and days till he sees freedom. After spending the better part of his adolescence locked away for c...
Somewhere in a U.S. prison today, a young Black man sits behind bars counting down the years, months and days till he sees freedom. After spending the better part of his adolescence locked away for c...
 
 
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06:01 PM on 06/21/2011
What saddens me more are those who have been wrongfully convicted of crimes and are wasting away in prison (s).

http://www.giovannireid.com
05:47 AM on 06/04/2011
The reduction is from 100:1 to 18:1. Not 19 or 17, but 18. Good but not good enough because it reinforces the fiction that drugs are illegal because they are dangerous. It's the other way around; dangerous because they are illegal, and the "illegal" is about political power. It was in the beginning; is now, and always has been.
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10:08 PM on 06/03/2011
Overall, this has been a good discussion with only a few bad apples who continue to desire the scales of justice ONLY to be tipped in their races favor instead of being equally balanced. I find solace in knowing that we ARE moving in the right direction to amend this wrong and that we will find more people with us than against us. By working together we can change law enforcement practices and the justice system.

Goodnight and God bless everyone!
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kathye
02:00 PM on 06/03/2011
I just read about the death of Elmer Pratt at age 63. He was sentenced to life in prison for a crime he didn't commit. He served almost 30 years until his conviction was overturned. He was not vindictive, he just left the country that betrayed him.
01:18 PM on 06/03/2011
It breaks my heart to see so many of our young black brothers locked away for money crimes. I hold the individual responsible for their actions but alot of the time, the reason is just to put food on the table for their family. I'm glad this act has been signed into Law and hope that the individuals that are released learned their lesson and has enough sense, desire and will power to do the right thing and make their own future in a legitimate way.
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ssnt
Asknotwhatyorcountrycando4uaskwhtucando4yorcountry
02:23 PM on 06/03/2011
Is selling drugs a money crime?
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darquelourd
You Get What You Play For
03:10 PM on 06/03/2011
selling drugs is a political crime - FREE THE POLITICAL PRISONERS
03:16 PM on 06/03/2011
Yes, why else would they be selling drugs? They NEED the Money, when you can't get a job you have to do what have to do to Survive.
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gino618
12:52 PM on 06/03/2011
"More than 60% of our prison population today is comprised of racial and ethnic minorities, and much of this is a direct result of the excessive mandatory penalties of the war on drugs according to The Sentencing Project." In reality, this is a direct result of the fact that they chose to commit a crime. And really - we're applauding the possibility that someone who gets caught holding 50 grams of rock will be getting LESS jail time? How about we UP the amount of time for the guy holding the same amount of powder? 5 years for 50 grams of rock... after which he comes out sooner than he would before and is able to start selling again to (most likely) members of the minority community. Bravo.
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darquelourd
You Get What You Play For
03:13 PM on 06/03/2011
war on drugs = failure

it's just a war on people and given the racism inherent in the judicial, social and economic systems of this country - it became a WAR ON PEOPLE OF COLOR
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bobclapp1936
11:54 AM on 06/03/2011
Wouldn't it be super if the cause of such disparity, RACISM, in all levels of government and society could be as easily removed?
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darquelourd
You Get What You Play For
03:15 PM on 06/03/2011
We could try a quota system, putting people of color in positions of power and authority, but in America that's regarded as Socialism or something.
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bobclapp1936
05:47 PM on 06/03/2011
Actually it would be called historical justice.
11:16 AM on 06/03/2011
There was a recent documentary on the BBC about jails and prisons in Miami.

It was like something out of the third world. 20 men to a cell, openly "touching" themselves in front of female guards, fights breaking with men beaten half to death before guards would consider intervening.

The type of place where punishment is the aim rather than rehabilitation.

Then you realise that some of those people are serving 10 year sentences for hugely insignificant drug offences.
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spriddler
10:00 AM on 06/03/2011
Its not all that often that I agree with the good reverend, but this is one of those times. This has been a long time coming.
09:29 AM on 06/03/2011
as long as we have a war on drugs (which may not be the best idea anyway) raise the sentences for whites, don't lower the sentence for blacks.
12:31 PM on 06/03/2011
MAY not be the best idea? MAY?????
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seventhrama
Retired health educator/Ponderer of the Universe
01:22 PM on 06/03/2011
Before raising the issues of sentencing of whites while not lowering the sentence for blacks, one has to address first the issue of law enforcement. Blacks are disproportionately arrested for all crimes more often than with whites. Even with whites, being the larger population, the frequency of arrests and sentencing of blacks occur more often and for longer periods than for their white counterparts are. Therefore, the criminal justice system from law enforcement, through the judiciary, to the prisons has to be, as an ideal, colorblind.
09:16 AM on 06/03/2011
I saw you sitting in for Ed Schultz last night, Rev. Sharpton. You were very good.
Now as far as the article's topic is concerned, yes, the sentencing disparities should
be corrected. I even think that marijuana should be legalized. I've given this some thought.
If marijuana were legalized, would we be starting down a slippery slope?
Should cocaine and heroin, for that matter, be legal too?
I say first legalize marijuana. Then let's have the debate about the others.
I'm sure there's more that a few women out there who might argue that
prostitution should be legalized before cocaine and heroin.
Food for thought.
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elkabong
Campaign finance is the disease.
09:08 AM on 06/03/2011
They should legalize all of it.

First, it's not the government­'s responsibi­lity to protect us from ourselves.
Second, it would reduce violent crime.
Third, it would empty some of our overcrowde­d, costly prisons of non-violen­t offenders.
Fourth, it would bring in money otherwise going to criminals as tax revenue.
Fifth, it would solve a lot of our problems on the Mexican border.
Sixth, it would free up law enforcemen­t to go after violent criminals and terrorists­.

It makes a lot of sense. That's why it will be especially difficult to get done. Well, that and the fact that the Republican­s insist they want smaller government except when it comes to your personal life.

Legalize all drugs -- not just pot. Regulate them tax them.

Not only would there be an increase in tax revenue, but there would be a savings in
The cost of enforcemen­t
The cost of incarcerat­ion
The cost of the DEA
The cost of border wars
The cost of opium funded terrorism

We'd save billions upon hundreds of billions

Funnel all that wasted money into our schools and after school programs. Give young people something to do and hope for their future.

There are a lot of people making tons of money on prohibitio­n while it helps to strangle us alive.
11:06 AM on 06/03/2011
Just because it makes sense doesn't mean it will even be considered! Your last sentence explains it all...
D-Driller
my micro-bio is empty
09:03 AM on 06/03/2011
I agree with the Reverend. Criminals should be treated the same no matter what color they are. However, this article goes further than that. It also describes how sentences are being changed and black criminals are being let out of prison early, to match the sentences of their white contemporaries. I would go the other way - increase the time the whites have to spend in jail to match the blacks: let them all rot, basically. The Reverend is doing no one a service, including blacks, but letting them out of prison early, or in some cases, at all.
RedneckLiberal
Redneck is not synonymous with Conservative
10:12 AM on 06/03/2011
So you are actually suggesting we increase prison sentences for drug charges? How is keeping them in prison accomplishing anything? Did it lower the amount of drugs sold? Did it somehow prevent a drug user from obtaining his substance of choice? No, all it does is turn a drug offender into a hardened criminal with no future.

If we were talking about violent criminals I would agree with you, but that isn't the case here. Prohibition doesn't work, and long prison sentences for drug offenders does not accomplish anything useful for society.
D-Driller
my micro-bio is empty
11:44 AM on 06/06/2011
If you are against drug laws, elect officials who will try to change them. I will elect officials who will not. EIther way, it is democracy in action here in our quaint little federal republic. I made my point clear - the law should be equal for whites, blacks, martians for that matter. I feel drugs are destructive - you may feel differently. But, feeling the way I do, I would not lower sentences for blacks to make them more equal, that sets a bad precedent. I would, however, raise the sentences for whites. Let's face it, you don't do "hard time" for a doobie. You do, however, do hard time for possesion with intent to sell, or multiple drug arrests, for example. The article tries to make it sound like 15 year old Tyrone got caught with a little bud and was sentenced as an adult to 99 years at hard labor, while little Billy-Bob was sent home to mama. Come on, man...
12:32 PM on 06/03/2011
Do you work for the prison industrial complex? Are you their lobbyist?
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09:01 AM on 06/03/2011
Why should there be any punishment at all for a substance preference? If a person causes some harm, they should be subject to punishment. If the harm they cause is directly linked to the effects on them of the drug they use, then that specific person should have the use of that substance restricted. That's how we treat users of currently legal recreational drugs.
D-Driller
my micro-bio is empty
11:56 AM on 06/06/2011
I can see that point. Can you see the point that the vast majority of methheads do cause harm in some way? LSD users? Ever try to calm somebody down who thinks you have insect eyes? It's an interesting conversation, and you keep edging towards that certain desk drawer where you keep a pistol... Trust me. You seem a bit Libertarian - if so, I can respect that in theory. In practice, forget about it.
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08:00 AM on 06/07/2011
No, I have never tried to calm someone who thinks they have insect eyes. In our current system, if that experience was the result of alcohol use, everyone would have a good laugh. If, however, it was from LSD use, the person could be arrested even if they are having the experience in their living room and are causing no harm. That's the problem. Our drug laws are a form of bigotry.
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AcademicFreedom
Often banned; always factual
08:47 AM on 06/03/2011
There should also be a reconciliation of the disparity in high school graduation rates; however, in the reverse. A black student should receive a race-adjusted grade point average of 1.
D-Driller
my micro-bio is empty
11:58 AM on 06/06/2011
Can you explain that? Do you mean they start with a 1, so a B student becomes an A student, etc.? How would artificially boosting GPA's help black students?