Durbin: Crack Cocaine Laws Are Unjust

By Jonathan Bronstein, Talk Radio News

Two items that weigh 50 grams, an average chocolate bar and a relatively small amount of crack cocaine, and while the former may be sweet and delectable, being in possession of the latter will put one behind bars for a minimum of 10 years.

By contrast, 5000 grams of powdered cocaine would be needed to put an individual in jail for 10 years, a fact that demonstrates the incongruity of federal drug laws, according to Senator Dick Durbin (D-Ill.)

Currently the punishment ratio between powdered cocaine to crack cocaine is 100:1, meaning that one needs 100 times as much powdered cocaine as crack cocaine to achieve an equal sentence.

“The evidence does not justify a sentencing disparity between these two drugs,” said Durbin. “The sentencing disparity between crack and powdered cocaine is both unjustified and unjust.”

The reason for this discrepancy between the two forms of the same drug can be attributed to the crack epidemic, which was perceived to be the greatest threat to American urban security. As a result, Congress passed the Anti-Drug Abuse Act of 1986, which set the current federal penalty for crack and powder cocaine trafficking.

But such a law has caused an unintended consequence as now minorities, especially African Americas, have deep ceded distrust of the government because they feel that this law is intentionally racist.

“We (Americans) have to do something, and we have to do something now to address this phenomenon that is affecting our country and that is having a devastating affect on the African American community,” said Judge Reggie Walton of Washington D.C.

Durbin cited 2007 crime statistics, which revealed that 81 percent of all crack offenders were African Americans, while only 24 percent of all crack users were African Americans. Durbin felt that this disparity only exacerbated the feelings of distrust towards the judicial system.

“These racial disparities undermine trust in our criminal justice system and have a corrosive effect on the relationship between law enforcement and minority communities,” said Durbin.

Assistant Attorney General Larry Breuer spoke on behalf of the Obama Administration and stressed that this unfair disparity must be eliminated because it hurts the legitimacy of the justice system.

“Out laws and their enforcement must not only be fair, but they also must be perceived as fair,” said Breuer, who continued to say that “The perception of unfairness undermines governmental authority in the criminal process.”