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House Subcommittee Takes First Congressional Vote To End Crack Cocaine Sentencing Disparity (07/22/2009)
WASHINGTON – The House Judiciary Subcommittee on Crime, Terrorism and Homeland Security voted on an historic markup today of the Fairness in Cocaine Sentencing Act of 2009, a bill that would result in the elimination of the unjust and discriminatory disparity between crack and powder cocaine sentences under federal law. H.R. 3245, sponsored by Representative Robert Scott (D-VA), 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.

Crack, Powder Cocaine Sentencing Disparity Undermines Criminal Justice System (05/28/2009)
WASHINGTON – Caroline Fredrickson, Director of the ACLU Washington Legislative Office, testified today before the U.S. Sentencing Commission about the need for Congressional action to eliminate both the unjust crack and powder cocaine sentencing disparity and the mandatory minimum sentences for narcotics.

House Considers Bills To Equalize Federal Crack And Powder Cocaine Sentencing (05/21/2009)
WASHINGTON – The House Judiciary Committee held a hearing today on eliminating the unjust and discriminatory 100-to-1 disparity between crack and powder cocaine sentences under federal law. As part of the hearing, entitled “Unfairness in Federal Cocaine Sentencing: Is it time to crack the 100-to-1 disparity?,” lawmakers considered several bills to equalize crack and cocaine sentencing statutes and heard testimony from former baseball player Willie Mays Aikens; Assistant Attorney General of the Department of Justice Criminal Division Lanny A. Breuer; a U.S. District Court Judge; a district attorney; and a former prosecutor, among others. Federal law treats five grams of crack cocaine the same as 500 grams of powder cocaine.

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.

Senate Committee Hears Testimony on Need to Reform 100-to-1 Crack/Powder Federal Sentencing Disparity (02/12/2008)
Washington, DC – The ACLU submitted testimony to the Subcommittee on Crime and Drugs of the Senate Judiciary Committee for today’s hearing, titled "Federal Cocaine Sentencing Laws: Reforming the 100-to-1 Crack/Powder Disparity." The purpose of this hearing is to address the wide disparity between federal sentencing guidelines for crack versus powder cocaine. October 2006 marked the 20th anniversary of the 1986 Anti-Drug Abuse Act. In the years since its passage, many of the myths surrounding crack cocaine have been dispelled, and it has become clear that there is no scientific or penological justification for the 100-to-1 disparity.

Cracks in the System: 20 Years of the Unjust Federal Crack Cocaine Law (10/26/2006)
A comprehensive examination of the 100-to-1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a minimum 5-year federal prison sentence, while distribution of 500 grams of powder cocaine carries the same 5-year mandatory minimum sentence.

Collateral Consequences of the War on Drugs (01/27/2003)
An ACLU paper examining some of the collateral consequences of current U.S. drug policy, including loss of student financial aid, public housing, welfare eligibility and the right to vote.

Collateral Damage in the War on Drugs (05/01/2002)
A Villanova Law Review article by ACLU Drug Law Reform Project Director Graham Boyd examining the many destructive by products of America's War on Drugs, including record incarceration, the erosion of constitutional rights and racial injustice.

Crack Coalition Statement For Senate Judiciary Committee Crime and Drugs Hearing (04/29/2009)

U.S. v. Ross - ACLU Opening Brief (11/21/2008)
The ACLU's opening brief to the U.S. Fifth Circuit Court of Appeals asserting a constitutional right to legal counsel for those seeking resentencing based on the recent reduction to the federal sentencing guideline range for crack-cocaine offenses.

Kimbrough v. United States - ACLU Amicus Brief (07/26/2007)

U.S. v. Spears - Amicus Brief in Support of Appellee (06/01/2006)
A friend-of-the-court brief submitted by the ACLU and noted sentencing experts in support of the right of judges to depart from the notorious 100-to-1 crack/powder cocaine sentencing disparity.

U.S. v. Ricks - Brief in Support of Appellee (05/18/2006)
A friend-of-the-court brief submitted by the ACLU Drug Law Reform Project and a coalition of renowned law professors and sentencing experts in support of judges' right to depart from the 100-to-1 crack/powder sentencing disparity in light of the U.S. Supreme Court's decision in Booker v. U.S.

ACLU Letter in Support of H.R. 3245 the Fairness in Cocaine Sentencing Act of 2009 (07/22/2009)
On behalf of the American Civil Liberties Union (ACLU), a nonpartisan organization with more than a half million members, countless activists and supporters, and fifty-three affiliates nationwide, we urge you to co-sponsor H.R. 3245, the Fairness in Cocaine Sentencing Act of 2009, recently introduced by Representative Robert Scott (D-VA). This bill seeks to eliminate the unjust and discriminatory disparity between crack and powder cocaine sentences under federal law.

Testimony of Washington Legislative Office Director Caroline Fredrickson Before the United States Sentencing Commission (05/28/2009)
The American Civil Liberties Union (ACLU) would like to thank the United States Sentencing Commission for this opportunity to help the Commission formulate recommendations to Congress regarding changes in federal sentencing law. Today, we commend the Commission for its past extensive efforts calling on Congress to amend statutes creating the unjust disparity between crack and powder cocaine sentencing. We wholeheartedly agree with this body’s 2004 conclusion that “[r]evising the crack cocaine thresholds” would do more to reduce the sentencing gap “than any other single policy change, and it would dramatically improve the fairness of the federal sentencing system.”1 Moreover, we commend the Commission for the 2007 retroactive amendments making the Guidelines more consistent with statutory mandatory minimums, and creating eligibility for approximately 19,500 prisoners to be properly re-sentenced in accordance with the law. We hope that this body will continue to champion and recommend change—specifically, we urge the Commission to remind Congress of the continued, urgent need to amend a sentencing scheme which unjustifiably metes out disparately harsh punishments to African Americans in violation of basic fairness.

ACLU Testimony to Reform the 100-1 Crack/Powder Disparity (02/12/2008)
The American Civil Liberties Union (ACLU) would like to thank the Subcommittee on Crime and Drugs of the Senate Committee on the Judiciary for the opportunity to submit testimony for this hearing on “Federal Cocaine Sentencing Laws: Reforming the 100-to-1 Crack/Powder Disparity.” The ACLU is a nonpartisan organization with hundreds of thousands of activists and members and with 53 affiliates nationwide. Our mission is to protect the Constitution and particularly the Bill of Rights. Thus, the disparity that exists in federal law between crack and powder cocaine sentencing continues to concern our organization due to the implications of this policy on due process and equal protection rights of all people. Equally important to our core mission are the rights of freedom of association and freedom from disproportionate punishment, which are also at risk under this sentencing regime.

ACLU Comments to the United States Sentencing Commission on Crack/Powder Disparity (03/16/2007)

ACLU Urges Members of Congress to Co-Sponsor and Support the RISE Act (01/25/2007)

Don Diva Magazine: Witness or Snitch (10/24/2007)
Don Diva magazine examines the intersection between the "Stop Snitchin'" movement and informant misuse.

Los Angeles Police Department Consent Decree Requirements Regarding Confidential Informants (10/24/2007)
A consent decree ordered upon the Los Angeles Police Department governing proper use of confidential informants and compliance requirements.

Denver Police Department Operations Manual: Confidential Informants (10/19/2007)
The Denver Police Department's guidelines regarding the proper use of confidential informants.

California Department of Justice: Jailhouse Informant Policy (10/19/2007)
The California Department of Justice guidelines controlling proper use of information provided by jailhouse informants.

Ad: Something's Wrong with the Math (08/09/2007)

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