Home -> Law Blog Directory -> Legal Commentary Blogs -> TalkLeft
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal Commentary
: TalkLeftJudiciary Committee Waters Down Crack-Powder Cocaine Sentencing Bill
By Jeralyn
President Obama promised to work to equalize crack and powder cocaine penalties. He said he would urge Congress to eliminate the five year mandatory minimum penalty for simple possession of 5 grams or more of crack and eliminate the 100:1 disparate ratio of penalties for crack vs. powder cocaine.
This morning, The Senate Judiciary Committee held a markup hearing on S.1789, The Fair Sentencing Act (Durbin, Leahy, Feingold, Cardin, Whitehouse, Kaufman, Specter, Franken.)
The result: A compromise. The 100:1 ratio and mandatory minimum sentences will not be eliminated, but reduced to 20:1. In other words, no equalization. Crack cocaine will continue to carry a penalty 20 times more severe than powder cocaine. Is it an improvement? Yes. Is it good enough? No.
The Dem's love affair with bi-partisanship continues: [More...]
[T]he deal was approved by the committee 19-0 and now goes to the floor of the Senate.
"If Jeff Sessions and Dick Durbin can come to an agreement, bipartisanship is not dead," said Durbin, a Democratic senator from Illinois.
Currently, possession of 5 grams of crack triggers a 5 year mandatory minimum sentence. It takes 500 grams of powder to trigger the 5 year mandatory minimum. So now, crack will still carry a penalty 20 times more severe than powder.
There's more bad stuff in the bill as introduced -- it reeks of Joe Biden-type influences -- increased sentencing guidelines for some drug crimes through application of aggravating factors.
The bill we needed was Bobby Scott's H.R. 3245 which passed the House Judiciary Committee in July. It would have eliminated the "100 to 1" disparity by removing the word "crack cocaine" in the criminal code.
Instead, we get another crime bill with increased penalties and no equalization.
Again, while the reduction is an improvement, the bill is a big disappointment.
Full post as published by TalkLeft on March 11, 2010 (boomark / email).
Transportation Equity Act for the 21st Century
TEA-21 - Plus Law 105-178
Foreign Investment and National Security Act of 2007
Strengthens examination requirements of the Committee on Foreign Investment in the United States
Federal Transportation Equity Act of 2005
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
Waters Corp
WAT
Waters Corp
401(k) / ERISA Stock Fraud
Phone Bill Reduction
Qwest agrees to $16 million settlement in overcharging lawsuit.

House Considers Bills To Equalize Federal Crack And Powder Cocaine Sentencing
House committee passes bill to eliminate cocaine sentencing disparity
Judiciary Backs Reducing Disparity of Crack/Powder Cocaine Sentences
Over 75 Groups And Law Professors Push Congress To Eliminate 100-To-1 Crack Sentencing Disparity
Read Publication: House Crack Cocaine Legislation








