Home : Criminal Justice : Sentencing/Prisons

ACLU Fights to End Racial Inequity and Harshness in Cocaine Sentencing The Anti-Drug Abuse Act of 1986 established mandatory minimum sentencing policies that subject people who are low-level cocaine users to the same or harsher sentences as major dealers. The Act also established a 1-to-100 sentencing disparity between crack and powder cocaine, making the minimum sentence for 500 grams of powder cocaine - a more expensive drug primarily used by affluent whites - the same as that for just 5 grams of crack - a drug whose primary users are low-income people, many of whom are African American. This discrepancy remains although there is no medical basis for the difference, and despite repeated recommendations by the U.S. Sentencing Commission to Congress to reconsider the penalties. The ACLU is working to educate the public about these discrepancies and to change these racist and draconian drug policies. Read more at the website of the Drug Law Reform Project.

Legislation To End Crack Cocaine Sentencing Disparity Introduced In Senate Today (10/15/2009)
WASHINGTON – A bill was introduced today in the Senate that would eliminate the discriminatory disparity between crack and powder cocaine sentencing under federal law. The bill, the Fair Sentencing Act of 2009, was introduced by Senator Richard Durbin (D-IL) and would also eliminate the mandatory five-year sentence for simple possession of crack. A similar bill, H.R. 3245, the Fairness in Cocaine Sentencing Act of 2009, is currently awaiting a vote in the House.

Key House Committee Votes To End Crack Cocaine Sentencing Disparity (07/29/2009)
WASHINGTON – The House Judiciary Committee today voted to pass a bill that would eliminate the discriminatory disparity between crack and powder cocaine sentencing under federal law. Today’s vote clears the way for H.R. 3245, the Fairness in Cocaine Sentencing Act of 2009, to be voted on by the full House. The bill removes references to “cocaine base” from the U.S. federal code and takes the welcome step of removing the five-year mandatory minimum sentence for simple possession of crack cocaine.

Over 75 Groups And Law Professors Push Congress To Eliminate 100-To-1 Crack Sentencing Disparity (04/29/2009)
WASHINGTON – The American Civil Liberties Union in partnership with over 75 organizations and law professors urged Congress today to completely eliminate the discriminatory sentencing disparity between offenses involving crack cocaine and powder cocaine. The written statement by the crack disparity coalition was submitted to the Senate Judiciary Committee’s Subcommittee on Crime and Drugs, for today’s hearing entitled “Restoring Fairness to Federal Sentencing: Addressing the Crack-Powder Disparity.” The coalition statement echoed the testimony from the Department of Justice in calling for congressional action to eliminate the crack disparity this year.

Civil Liberties, Civil Rights And Religious Advocates Lobby Congress To Fix Crack Law On April 28 (04/28/2009)
WASHINGTON – Advocates from the American Civil Liberties Union and other civil rights and religious organizations walked the halls of Congress today to push a bill that would eliminate the unjust and discriminatory 100-to-1 disparity between crack and powder cocaine sentences under federal law. The goal of the April 28 “Crack the Disparity Lobby Day” was to urge lawmakers to co-sponsor and support H.R. 265, the Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2009 introduced by Representative Sheila Jackson-Lee (D-TX), which would equalize crack and cocaine sentencing statutes.

Advocates Stand Together for Fairness in Federal Sentencing (02/26/2008)
Washington, DC – On Tuesday, February 26, activists from around the country, civil rights and professional organizations stood together to call for much-needed reform to the country’s federal sentencing laws. This press briefing and lobby event marked the culmination of a month-long series of events aimed at addressing the 20-year-old sentencing disparity between crack and powder cocaine. According to current guidelines, a conviction for the sale of 500 grams of powder cocaine results in a 5-year mandatory minimum sentence, while the same penalty is triggered for sale or possession of only 5 grams of crack cocaine.

Petition Alleging Violations of the Human Rights of Juveniles Sentenced to Life Without Parole in the United States of America (02/22/2006)

ACLU Coalition Amicus Brief in U.S. v. Starks (01/20/2006)
ACLU and noted sentencing experts brief arguing for judges' right to reject controversial 100-to-1 crack/powder cocaine sentencing disparity.

ACLU Letter to the Senate Urging Support of S. 1789, the Fair Sentencing Act of 2009 (10/20/2009)

Coalition Letter to the House and Senate Armed Services Committees Opposing the Mandatory Minimum Provision in the FY-2010 National Defense Authorization Act (09/28/2009)

Justice Roundtable Coalition Letter to the House Urging Co-Sponsorship of H.R. 3245, the “Fairness in Cocaine Sentencing Act of 2009” (09/23/2009)

A Quick Glance at the ACLU's Legislative Priorities for the 111th Congress (01/13/2009)

Justice Roundtable Coalition Letter to Senate Urging Support of The Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007 (S.1711) (02/15/2008)
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.

Surprising Shift: New ACLU Poll Finds Public Dissatisfied with Lock-Em-Up Approach (02/25/2002)
WASHINGTON - A new poll commissioned by the American Civil Liberties Union released today reveals a strong dissatisfaction with the current state of the criminal justice system in America and a growing public confidence in rehabilitation and alternative punishments for non-violent offenders.

Kimbrough v. United States decision (12/10/2007)
In this case, the Supreme Court affirmed that federal sentencing guidelines for sentences for cocaine offenses are advisory only, and that district courts may consider other factors - including the disparity in sentencing guidelines for crack and powder cocaine - in issuing sentences.

Kimbrough v. United States (07/26/2007)
Whether a federal trial judge may take into account the fact that the current Sentencing Guidelines for crack cocaine have proven unsound and been rejected by the Sentencing Commission itself when sentencing a crack offender. DECIDED