FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org
; (212) 549-2666
ACLU Calls Decision a Victory
for Fairness Under the Law
NEW YORK – By a 7-2 vote, the U.S. Supreme Court ruled
today in Kimbrough v. United States that
it is no longer mandatory for federal judges to adhere to the federal Sentencing
Guidelines, which provide for disparate sentences for crack and cocaine
offenses. The United States Sentencing Commission has itself rejected the 100:1
disparity as unreasonable.
The following can be attributed to
Graham Boyd, Director of the ACLU's Drug Law Reform Project:
"Today’s
ruling upholds the common sense notion that judges should not have to turn a
blind eye to the fact that the crack versus powder cocaine sentencing disparity
is unsound in theory and racially discriminatory in practice. After almost 20
years on the books, the 100:1 disparity has proven unfair and ineffective. This
decision means that judges can and should see that justice is done by issuing
fair sentences."
The ACLU also urges prompt consideration of Senator
Joseph Biden’s Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of
2007, legislation that would equalize the penalties for crack and powder
cocaine.