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Statement of the NAACP Legal Defense and Educational Fund Regarding Senate Passage of Legislation Concerning Crack/Powder Cocaine Sentencing Disparity (S. 1789, The Fair Sentencing Act of 2010)

There is no dispute that the crack/cocaine disparity must be eliminated. No scientific or criminological justification exists for treating the two forms of the drug differently. Second, the sentencing disparity has had a devastating, racially discriminatory impact on African Americans. The recognition of these two, simple facts is widespread, as is the recognition of the need to act now to eliminate this unjustified disparity.

    --  The United States Sentencing Commission concluded that eliminating the
        100:1 sentencing disparity would do more to reduce the sentencing gap
        between blacks and whites "than any other single policy change" and
        would "dramatically improve the fairness of the federal sentencing
        system."
    --  Attorney General Eric Holder has stated that "[t]his Administration
        firmly believes that the disparity in crack and powder cocaine sentences
        is unwarranted, creates a perception of unfairness, and must be
        eliminated."
    --  Lanny Bruer, Assistant Attorney General, Criminal Division testified
        that "we cannot ignore the mounting evidence that the current cocaine
        sentencing disparity is difficult to justify based on the facts and
        science. . . [t]he Administration believes Congress' goal should be to
        completely eliminate the sentencing disparity between crack cocaine and
        powder cocaine."
    --  Judge Reggie B. Walton, Associate Director of the Office of Drug Control
        Policy under President George H.W. Bush and appointed by President
        George W. Bush to the Federal Bench, testified about "the agony of
        having to enforce a law that one believes is fundamentally unfair and
        disproportionately impacts individuals who look like me."
    --  Judge Michael McConnell of the Tenth Circuit Court of Appeals, who was
        nominated to that position by President George W. Bush and who served in
        the Department of Justice during the Regan Administration, has called
        the federal crack cocaine laws "virtually indefensible."
    --  Scientific and medical experts have determined that crack and powder
        cocaine are pharmacologically identical and have the same effect on
        users. As Dr. Glen Hanson, then acting Director of the National
        Institute on Drug Abuse, testified to the Sentencing Commission that the
        pharmacological effects of crack cocaine are no more harmful than powder
        cocaine.  There is absolutely no scientific basis for treating crack and
        powder cocaine differently.

We acknowledge that proponents of reform supported this action only because they believed it was the only way to achieve some progress, but a better result is obtainable. The House of Representatives Judiciary Committee reported legislation to completely eliminate the disparity between powder and crack cocaine, H.R. 3245. That legislation awaits action by the full House. It should swiftly be passed.

The Obama Administration has also supported complete elimination of this unjustified disparity. As a candidate, President Obama called for elimination of the disparity stating: "the disparity between crack and powder-based cocaine is wrong, cannot be justified and should be eliminated." The Attorney General and the head of the Department of Justice Criminal Division have echoed this call. It is incumbent on the Administration to make its actions reflect its words. The Administration must support real reform, complete elimination of the disparity, and do everything in its power to eliminate unjustified, racially discriminatory sentencing practices.

ABOUT LDF

The NAACP Legal Defense and Educational Fund (LDF) is America's legal counsel on issues of race. Through advocacy and litigation, LDF focuses on issues of education, voter protection, economic justice and criminal justice. We encourage students to embark on careers in the public interest through scholarships and internship programs. LDF pursues racial justice to move our nation toward a society that fulfills the promise of equality for all.

Media Contact: Mel Gagarin, (212) 965-2783 or mgagarin@naacpldf.org

SOURCE NAACP Legal Defense and Educational Fund