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Apr 29th, 2009 Google Bookmarks Technorati StumbleUpon Digg! Reddit Delicious Facebook
Posted by Samuel Milgrom, Washington Legislative Office at 12:40pm

Cracked Reasoning

"Crack the Disparity," our big red buttons read.  

"This isn't tough on crime! This is exploiting the low-hanging fruit!" a woman exclaimed as she passed out Good Humor chocolate bars that were wrapped in paper that read:

Stop Senseless "junk food science." The weight of 1 candy bar in crack = 10 years in federal prison. Two-thirds of Federal crack cocaine cases are prosecuted for possession of the weight of the 50-gram candy bar in crack cocaine.
One needs a good sense of humor if you think these laws are just.

With the addition of my third cup of coffee, these rallying cries and props were definitely getting me in the mood to lobby at 8 a.m. this morning.

Although I have interned at three public policy advocacy organizations here in D.C., today was my first time experiencing a lobby day. I was quickly energized by the passion that spread from the folks I squeezed in next to in the Russell Senate building hearing room.

People of many ages, colors, occupations, religions and regions of the United States came together to lobby on behalf of the same cause: eliminating the 100-to-1 sentencing disparity between crack and powder cocaine.

I don't mean to be sappy, but I was truly moved and became genuinely emotional as I listened to the multiple reasons that brought the many people to the Hill today to lobby against the crack cocaine sentencing disparity.

One young woman around my age (early to mid 20's) was from South Carolina. Her first cousin is a police officer who faces a life sentence because of an erroneous crack cocaine possession with intent to distribute charge.

Another woman, a teacher in Philadelphia who works with young African-American men who have been convicted of drug-related crimes, told me she was there because as far as she knew and could understand, crack cocaine and powder cocaine are the same drug and should be treated and controlled as such, especially because of how the sentencing guidelines disproportionately discriminates against people of color.

Kemba Smith, who addressed the group during the briefing, is a young woman who would still be serving a prison sentence until 2016 for possession of 255 kilos of crack cocaine if she hadn't been granted an executive clemency nearly a decade ago. Based on the sentencing guidelines at the time and that are still in place today, she was sentenced to 24.5 years. Fortunately, she served only a little more than six. The truly unjust part of her story is that the crack was her boyfriend's and because she didn't inform the authorities but instead kept it to herself, she was charged and convicted with conspiracy to distribute crack cocaine, money laundering, and making false statements, despite the fact that the prosecutor admitted that she never actually handled or sold drugs. During her time in prison she gave birth to her son while shackled to the prison bed.

These heart-wrenching, personal, real-life stories, told by the folks who suffered because of this irrational and consequently racist legislation, stoked the fire just enough for the group to want to get up and demand a change in policy from our legislature right then and there.

Well, that was the plan.

Later in the day, I joined a few others to meet with Sen. Arlen Specter (D-Pa.), who announced that he'd switched political parties just a few hours before our scheduled meeting.

Apparently his office was too much of a media circus, so the six of us waited to hear from one of his assistants as to where our new location for our meeting would be. We were directed to two other rooms between two different Senate buildings before we were finally greeted by Sen. Specter's Chief Counsel for Crime and Terrorism. There was no open room for us to sit and discuss the importance of eradicating the 100-to-1 sentencing disparity, so we stood in the lobby and quickly and passionately expressed our desire for a change in policy.

Although it seemed as though we were sent on a wild goose chase in order to present our position, I am confident our plea did not fall on deaf ears. Sen. Specter's representative expressed how he was informed on the issue and that he personally supported our stance and nearly guaranteed, regardless of political party, that the senator felt the same way.

The meeting was short and to the point. Although the lobby visit paled in comparison emotionally to the early morning briefing, it served an important purpose and is the best way to get lawmakers' attention. The senator's representative made sure to ask where we were from and the four who were from Pennsylvania informed him of that and he did not take that lightly. They are constituents after all, and if the senator doesn't listen to them, he could be out of a job.

Though skeptical at the beginning of the meeting because of its confines, I walked away confident that we made our position clear and that our efforts had been enough to urge the senator to see the logic in sentencing the possession of crack and powder cocaine identically.

Although this was the last opportunity to lobby against the crack and powder cocaine sentencing disparity, I hope to revisit the Hill to advocate for other issues many more times in the future.

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4 Responses to "Cracked Reasoning"

  1. Kiko Says:

    What a vivid and colorful post. Wow! Great writing

  2. Maggie Says:

    Unless you have lived with someone addicted or selling drugs. You have absolutely no idea of what the family goes through. This post to me glorifys the drug and I am deeply offended. Color has nothing to do with drugs. I hope the writer does not have to live with the heartache of someone they love on drugs.

  3. Steve Says:

    Leave it to the pro-crime ACLU to be for drug possesion. You obviousely have never been a victim of someone who was coming off of a high and needed a fix. They will do ANYTHING to get their next high, and it usually is the innocent and law-abiding who pay dearly with their lives. I pray your organization does not have it's way 100% of the time. If so, it will be a nation where the criminal will have unfettered freedom to do what they want to whoever they want

  4. Gwen Says:

    If the concern is that drug addicts will do anything to get their next high and if the concern is to make our neighborhoods and streets safer, why are we not prosecuting the drug users? As a country, we will prosecute to the max a drug dealer who only makes money because of addicts. It is so sad to me that we do not prosecute as harsh a child molester or a rapist who forces himself on a citizen who does not ask for this from him/her. It is a fact that the recidivism rate for the latter is much higher than that of drug dealers. I am a student who has done tons of research on unfair sentencing. I do believe the dealers should be punished as well. However, the sentences are ridiculous....and we still have drug users in our communities. Walk through any urban area and you will likely see it. My husband is currently transitioning from an FSL in Georgia to a camp in Atlanta. He is in Tallahassee sleeping on the floor and being fed like he is a child. He had a counselor to tell him he was shredding his paperwork while he was at the FSL. This system sucks. Something needs to be done about it. And those that think that the sentencing structure is fair, you can't even begin to understand and I personally don't hold it against you. I chalk it up to ignorance. Currently it costs over $45000 a year of our tax money to house a federal prisoner. And once again I say, we still have the same crack cocaine on the streets. Is it okay because its in the intercity and we don't see the effects in the suburbs? The only way to get your sentence decreased is to tell on someone. More often than not, the people the dealers tell on have absolutely nothing to do with the business. Its a way to lock another person, most of the time a black man or woman, for years and years. Its time to come up with a system that benefits all of us and one where justice is served.....FAIRLY.

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