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Posts tagged "Fair Sentencing Act"

Best of 2011: Retroactive application of FSA for crack cocaine drug crimes

In 2010, Congress passed the Fair Sentencing Act (FSA) in order to reduce the disparity in mandatory minimum prison sentences for those convicted of drug crimes involving crack cocaine versus powder cocaine.

The difference in sentences for the two crimes used to be 100 to 1. That is, a person convicted of possessing crack cocaine would be sent to prison 100 times longer than a person convicted of possessing a similar amount of powder cocaine. It is now closer to 18 to 1. While a disparity remains, it is much reduced.

In 2011, the decision was made by Congress to apply the FSA retroactively. This means that 12,000 people currently in the prison system are eligible to seek a reduction of their sentence and to be released from prison early.

Sentences will be reduced for many convicted of crack cocaine crimes

On Tuesday, retroactivity for crack cocaine prison sentences went into effect. Congress passed the Fair Sentencing Act in August 2010 to address the wide disparity between minimum sentencing guidelines for drug crimes involving crack versus powder cocaine.

The disparity between length and severity of sentences for crack versus cocaine was 100 to 1. The new guidelines keep the disparity, but cut it down to 18 to 1. The sentencing disparity disproportionately hurt African-Americans because people convicted for crimes involving crack were more likely to be African American. Around the country, more than 12,000 people currently in prison for crack cocaine offenses could be eligible for reduced sentences.

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