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Crack Cocaine Case Review May Free Inmates
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Crack Cocaine Case Review May Free Inmates


Crack Cocaine Case Review May Free Inmates
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From NPR News, it's ALL THINGS CONSIDERED. I'm Guy Raz.


And I'm Robert Siegel. Across the country today, federal judges have begun reviewing the prison sentences of thousands of men and women jailed on crack cocaine charges. Many inmates could be released or see their sentences sharply reduced. Congress voted last year to ease federal sentencing guidelines for crack cocaine. And as North Country Public Radio's Brian Mann reports, a decision this summer to revisit old drug cases has sparked new controversy.

BRIAN MANN, BYLINE: In the 1980s, when the crack epidemic was raging, Congress reacted by setting penalties for crack cocaine that were a hundred times more severe than penalties for cocaine in its powder form. The law swept up thousands of low-level and nonviolent offenders. Because crack was cheaper and far more pervasive in black neighborhoods, the vast majority of convictions involved African-Americans. Many were locked up for decades. Hamedah Hasan was a young mother in 1993 when she was sentenced to serve 27 years behind bars after she was caught running errands for a family member who sold drugs. Her she is speaking on a video produced by the American Civil Liberties Union.


HAMEDAH HASAN: My release date from prison is November 18, 2016. I humbly implore you to ask yourself if incarcerating a nonviolent first-time offender for 23 and a half years is truly justice served.

MANN: Critics point out that whites who generally used or sold powder cocaine drew far shorter sentences. Last year, Congress passed a bill easing crack sentences. The bill had mostly Democratic support but was backed by Republican Congressman Ron Paul, who argued on the House floor that the original laws were designed to clean up drug-wracked inner-city neighborhoods.

REPRESENTATIVE RON PAUL: And it turned out that it backfired. It actually hurt minorities. It didn't help them, and here, we are trying to correct this disparity.

MANN: The Fair Sentencing Act affects all future crack cocaine convictions. But over the summer, a federal panel known as the United States Sentencing Commission voted unanimously to make the new crack guidelines retroactive. Beginning today, as many as 12,000 people, like Hamedah Hasan, are eligible to request that their prison sentences be sharply reduced. Ketanji Brown Jackson, vice chair of the sentencing commission, spoke after the decision was made.

KETANJI BROWN JACKSON: For the past 25 years, the 100-to-1 crack-powder disparity has spawned clouds of controversy and an aura of unfairness that has shrouded nearly every federal crack cocaine sentence that was handed down pursuant to that law.

MANN: The decision to make the Fair Sentencing Act retroactive drew fire from members of Congress. House Judiciary Chair Lamar Smith, a Republican from Texas, also opposed easing crack sentencing guidelines for new offenders. Here he is speaking on the House floor last year.

REPRESENTATIVE LAMAR SMITH: This bill reduces the penalties for crack cocaine. Why would we want to do that? We should not ignore the severity of crack addiction or ignore the differences between crack and powder cocaine trafficking. We should worry more about the victims than about the criminals.

MANN: Prison reform advocates are also unhappy with the Fair Sentencing Act and say it didn't go far enough. Jesselyn McCurdy with the American Civil Liberties Union points out that mandatory sentences for crack are still 18 times more severe than guidelines set for powder cocaine.

JESSELYN MCCURDY: This is an incremental step in trying to address the disparity, but we think the only fair way to treat these two drugs is to treat them and punish them in the same manner.

MANN: Federal judges will now decide case by case whether shorter sentences are appropriate and whether early release could pose a risk for public safety. That means communities won't see thousands of men and women imprisoned during the crack epidemic arriving home all at once. For NPR News, I'm Brian Mann.

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