Filed under: News, Politics, Race and Civil Rights
The federal government finally came to its senses and changed the law, making it marginally more equitable than it was before. The problem is that many states have not yet made the same change.
The arguments used to justify longer sentences are that the crack trade creates more crime and that the drug is more addictive than powder. Also, the tougher sentences were imposed in 1986, when basketball star Len Bias died from an overdose. It was originally reported that Bias had smoked crack, but a teammate later testified that Bias had snorted powder cocaine instead.
The disparity between crack and powder sentencing had originally been 100-to-1. It has since been reduced to 18-to-1 under the Obama Administration. Critics say that this number is still extraordinarily high.
Fourteen states emulated the federal law on crack vs. powder sentencing when it was originally imposed. Missouri is the worst, giving a sentencing disparity that is 75 times for crack vs. powder cocaine, creating one of the most racially-imbalanced prison systems in the United States. The Associated Press tells the story of Dan Viets, a District Attorney in Missouri who works on quite a few drug cases. Viets has a client who was convicted of drug trafficking with nine grams of crack, who faces a prison term of 10 years to life when he is sentenced next month.
"It's just another form of cocaine, after all," Viets said. "The hysteria around crack cocaine in the '80s pretty much has been disproved."
Obviously, the sentencing disparity needs to be addressed, since long prison sentences for crack possession have undermined the stability of the African American family. Additionally, the violence around drug wars have devastated communities all across America, leading to the chaos that we have today. I know a few children who grew up with parents addicted to crack, and the effects are unimaginable.
While I cannot disagree with those who argue that crack is more destructive than powder, the effects of crack on our society are not as devastating as the impact that sentencing disparities have had. The black community finds itself under assault for the drugs that are imported, the violence that comes with the drugs, and the long sentences that are given to black men and women who leave their children behind. Any responsible politician would seek a balance between community safety and social survival.
Perhaps an overhaul of the entire criminal justice system is called for. Drug offenders who are addicted should be rehabilitated and positioned to be set free as productive fathers and mothers. Those responsible for selling drugs should be given skills and opportunities during their time in prison that will open doors for them to have jobs when they get home. Sure, some will still engage in criminal activity, but at least many of them will have options.
The point here is that it's time that our society engage in some creative incarceration and stop focusing solely on punishing its citizens. Mass incarceration is counter productive, expensive and harmful to America. It's time to start making some sense.
Dr. Boyce Watkins is the founder of the Your Black World Coalition and a Scholarship in Action Resident of the Institute for Black Public Policy. To have Dr. Boyce commentary delivered to your email, please click here.