February 15, 2008
Attn: Judiciary Staffer
Co-Sponsor S. 1711
Dear Senator:
We are part of the Justice Roundtable, a network of advocacy organizations that shares common goals toward rational reform of the U.S. criminal justice system. Although some of us have already forwarded individual letters to you, we write at this time to provide a collective voice on the critical issue of crack cocaine sentencing reform. We applaud the bipartisan recognition that the mandatory minimum statutes treating one gram of crack cocaine the same as 100 grams of powder cocaine must be corrected.
The Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007 (S.1711), introduced by Sen. Joseph Biden (D-DE), is the Senate bill that comes closest to rational reform of crack cocaine penalties. This proposal begins the process of increasing the federal law enforcement focus towards higher-level traffickers. It completely eliminates the current disparity in federal sentencing for crack versus powder cocaine offenses, without a shift in the current powder cocaine penalty. It also eliminates the mandatory minimum sentence for simple possession of crack cocaine, bringing it in line with simple possession of any other drug.
We acknowledge Senator Sessions (R-AL) for taking the first step in the Senate towards legislative reform (S.1383), narrowing the gap between crack and powder cocaine to a 20:1 quantity ratio. However this bill decreases the amount of powder cocaine that would trigger a sentence. We commend Senator Hatch (R-UT) for introducing legislation (S.1685), to reduce the federal crack cocaine disparity without a shift in the current penalty for powder cocaine. This bill also eliminates the mandatory minimum sentence for simple possession of crack cocaine, bringing it in line with simple possession of any other drug.
Attention to reform of crack cocaine sentences have been gaining momentum over the past several months from the U.S. Sentencing Commission to the U.S. Supreme Court. Indeed, President Bush recently commuted the prison sentence of an individual convicted of a crack offense who served 15 of his 19 year sentence. A change in the mandatory minimum crack statutes, however, can only occur legislatively. It is long overdue that Congress act to completely eliminate the 100 to 1 disparity, by bringing crack sentencing in line with current powder cocaine sentencing. We ask that you co-sponsor S. 1711, the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act introduced by Senator Biden, and expeditiously end this “crack” in our system of justice.
Sincerely,
Pat
Beauchemin
Executive
Director
Therapeutic Communities of
America
Sheila A. Bedi
Executive
Director
Justice Policy
Institute
Yvonne
Blackmond
Restoring Dignity,
Inc.
David
Borden
Drug Reform
Coordination
Network
Jane
Browning
Executive
Director
International Community
Corrections Association
Arthur Burnett,
Sr.
National Executive
Director
National African American Drug
Policy Coalition, Inc.
Rev. Dr. Eliezer
Valentín-Castañón
Associate General
Secretary
General Commission on Religion
and Race
The United Methodist Church
Ken
Fealing
Executive
Director
Call To Do
Justice
Caroline
Fredrickson
Director, Washington Legislative
Office
American Civil Liberties
Union
Jenni
Gainsborough
Director, Washington
Office
Penal Reform
International
Frank
Hall
Managing
Director
The Eagle
Group
Morton H.
Halperin
Executive
Director
Open Society
Policy Center
Wade
Henderson
Executive
Director
Leadership Conference on Civil
Rights
Carmen Hernandez
President
National
Association of Criminal Defense Lawyers
Kris
Krane
Executive
Director
Students for Sensible Drug
Policy
Marc
Mauer
Executive
Director
The Sentencing
Project
Janet
Murguia
President and CEO
National Council of La
Raza
Ethan
Nadelmann
Executive
Director
Drug Policy Alliance
Cassie M. Pierson
Staff
Attorney
Legal Services for Prisoners with Children
Hilary Shelton
Director, Washington
Bureau
National Association for the
Advancement of Colored People
Dennis Sobin
Director
Prisons Foundation
Marsha Weissman
Executive Director
Center for Community Alternatives
Paul
Wright
Editor
Prison
Legal News