Snappy newsletters. Simple Facebook sharing. Spirited comments. Sweet features are waiting… GET THEM NOW!

Supremes: Judges Can Shorten Crack Sentences

Court sides with judicial discretion

By Jonas Oransky, Newser Staff

Posted Dec 10, 2007 1:00 PM CST

(Newser) – The Supreme Court ruled today that federal judges can use discretion to order shorter prison sentences in crack cocaine crimes, to lessen a disparity with sentencing for powdered cocaine. It was a win for civil rights advocates, who have long argued that sentencing guidelines call for longer terms in crimes involving crack because defendants are overwhelmingly from urban and minority communities, CNN reports.

Federal guidelines make penalties for selling 5 grams of crack comparable to 500 grams of powder. In the case at issue, a judge sentenced a crack cocaine dealer to a shorter term than the guidelines called for. In a 7-2 decision, the court said judicial discretion is essential and federal law should determine only minimum and maximum penalties, not "appropriate sentences."

Graphic shows average prison sentence for crack and powder cocaine offender and number of crack and powder cocaine offenders; three sizes; 1c x 2 3/4 inches; 46.5 mm x 69.9 mm; 1c x 4 inches; 46.5 mm... (Associated Press)

Undated handout photo provided by the U.S. Coast Guard shows two Narcotics Identification Kit (NIK) tests positive for cocaine. (AP Photo/US Coast Guard) (Associated Press)

(Getty Images)

« Prev« Prev | Next »Next » Slideshow

To report an error on this story, notify our editors.

More Newser Stories

Holder Backs Release of 5,500 Crack Offenders

Proposal would correct vast crack/cocaine sentencing gap

(NEWSER) - Eric Holder today told the US Sentencing Commission that he supports a proposal to release thousands of federal prisoners convicted on crack-related offenses. Until Congress changed them last year, federal sentencing guidelines gave crack users—who are predominantly poor and black—much harsher sentences than powder cocaine users. Now, Holder wants that change applied to current prisoners, the LA Times reports. More»

Congress Cuts Racist Crack Sentencing Disparity

Felony amount now only 18 times higher for powder cocaine

(NEWSER) - Congress quietly eased up the federal sentencing guideline on crack cocaine yesterday, addressing one of the more glaring disparities of the drug war. In what critics have called a racist double-standard, possessing a mere 5 grams of crack is considered a felony, compared to 500 grams for powdered cocaine. The bill the House approved yesterday reduces that 100-to-1 disparity to 18-to-1, the Huffington Post reports, upping the crack threshold to 28 grams. More»

Recent Cases Showcase New Judicial Leeway

Black, Vick decisions illustrate turn from sentencing guidelines

(NEWSER) - More federal judges are giving themselves wiggle room when it comes to once-strict sentencing guidelines, as evidenced by three recent high-profile court cases. The three—involving Conrad Black, Michael Vick, and a crack cocaine case that made it to the Supreme Court—illustrate how a spate of high-court rulings have given judges more leeway, the Chicago Tribune reports. More»

Sentence Cuts In Store for 19,500 Crack Convicts

Federal commission mulls rule change

(NEWSER) - The federal panel that sets sentencing guidelines for judges may decide as soon as tomorrow to cut at least 2 years off the sentences of 19,500 inmates convicted of using crack, the LA Times reports. New rules introduced this month equalize crack and powdered cocaine sentences, and tomorrow will see a vote on whether to apply them retroactively. More»

New Standards Reduce Crack Cocaine Terms

Federal effort tries to bring parity to drug sentencing guidelines

(NEWSER) - Crack cocaine offenders will receive shorter prison sentences under new federal guidelines, which replaced rules that treated a gram of crack like 100 grams of powder cocaine. The rules introduced yesterday reduce the average sentence to 8 years, 10 months, the Times reports, and may reflect an effort to restore credibility to sentencing guidelines judges often ignored. More»

NEWS FROM OUR PARTNERS

What is Newser?

Face it: there's too much news. At Newser, we choose the most thought-provoking and entertaining stories from hundreds of US and international sources and reduce them to a headline, picture, and two paragraphs. And we do it 24/7—you can come back morning, noon, night (and in between) for something new that matters. Read less, know more.

Learn more »

Partnering with: Slate

View Newser on the mobile website

Supremes: Judges Can Shorten Crack Sentences

Court sides with judicial discretion

OTHER STORIES ON OUR RADAR

cocaine • civil rights • crack cocaine • federal sentencing • sentencing guidelines • US Supreme Court

MOST POPULAR STORIES

[ By Views ]

[ By Comments ]

More Newser Stories

Holder Backs Release of 5,500 Crack Offenders

Proposal would correct vast crack/cocaine sentencing gap

Congress Cuts Racist Crack Sentencing Disparity

Felony amount now only 18 times higher for powder cocaine

Recent Cases Showcase New Judicial Leeway

Black, Vick decisions illustrate turn from sentencing guidelines

Sentence Cuts In Store for 19,500 Crack Convicts

Federal commission mulls rule change

New Standards Reduce Crack Cocaine Terms

Federal effort tries to bring parity to drug sentencing guidelines

About Us

Site

Community

Site Maps

Tools

More News

What is Newser?