Crack cocaine sentencing disparity is racially discriminatory in practice

Evidence

On top of that, however, are laws that are clearly written to favor the lifestyles of whites. For example, in the U.S., 5 grams of crack cocaine (more commonly used by blacks) is given the same minimum sentence as 500 grams of powder cocaine (more commonly used by whites). This is what has come to be known as the 100-to-1 sentencing disparity. According to Steven Shapiro, legal director of the American Civil Liberties Union, “Judges should not be required to close their eyes to the fact that the 100-to-1 disparity is unsound in theory and racially discriminatory in practice (ACLU, 2007). The law’s effect on the dis - proportionate number of African Americans in United States’ prisons is staggering. While drug use rates are similar among all racial groups, African American drug offenders have a 20 percent greater likelihood of receiving a prison sentence than their white counterparts and African Americans now serve virtually as much time in prison for drug offenses as whites serve for violent offenses. — Rebecca A. Martusewicz, Jeff Edmundson, and John Lupinacci, EcoJustice Education, 1231

Categorization

• CANDY: The 5g crack vs 500g powder cocaine equal-sentence fact is a compact dinner-table rebuttal to ‘the law is neutral.’
• XREF: connects to: Crack-cocaine sentencing laws deliberately criminalized black drug behavior more than white — Dorothy A. Brown, Getting to Reparations: How Building a…, 421; Fed crack sentencing statistics show racial targeting rather than differential drug use — Dorothy A. Brown, Getting to Reparations: How Building a…, 413; Drug-offense racial disparities resist explanation by actual offending differences — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 1035 (+10 more)

Broader Connections

• Crack-cocaine sentencing laws deliberately criminalized black drug behavior more than white #corroborates (0.92) — Dorothy A. Brown, Getting to Reparations, 421
• Fed crack sentencing statistics show racial targeting rather than differential drug use #corroborates (0.88) — Dorothy A. Brown, Getting to Reparations, 413
• Drug-offense racial disparities resist explanation by actual offending differences #corroborates (0.85) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 1035
• Black drug and murder defendants receive harsher punishment than White ones #corroborates (0.85)
• Racial disparities in drug enforcement do not track actual racial differences in drug behavior #corroborates (0.84) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 1057
• Drug enforcement intensity, not offending, drives racial disparities in sanctions #corroborates (0.82) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 1090
• Judicially expanded police discretion enabled racially disparate drug enforcement #corroborates (0.80)
• The 1986 Anti-Drug Abuse Act encoded a 100-to-1 crack-powder sentencing disparity #expands (0.78) — Dorothy A. Brown, Getting to Reparations, 411
• Self-reported drug distribution differences between races are too small to explain arrest disparities #corroborates (0.76) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 1056
• Racial disparities in sentencing can arise without any judicial bias or discrimination #complicates (0.74)
• Racial sentencing disparities do not reveal which group is treated wrongly #qualifies (0.72) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 751
• Racial disparities vary across decision points, offenses, and jurisdictions #expands (0.72)
• Observed sentencing disparities do not necessarily prove judge discrimination #complicates (0.70) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 773