The U.S. Supreme Court today ruled that the federal guidelines on sentencing for cocaine violations are advisory only. The ruling is a major victory for criminal justice and racial justice. Had the Justices gotten this one wrong, many would conclude that they are in fact, smoking crack.
The crack cocaine and powdered cocaine disparity is outrageous: the law sets a mandatory minimum five-year prison sentence for trafficking in 5 grams of crack cocaine or 100 times as much cocaine powder. The effect on communities of color is disastrous because 85 percent of those punished for crack crimes in federal court are African American.
The 7-2 Opinion by Justice Ruth Ginsberg states that courts can sentence offenders below the sentencing range by considering the wide disparity between punishment for crack cocaine and cocaine in powder form. Finally, the Court gets it. Well, almost. Justices Alito and Thomas dissented.
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