In our previous post, we wrote about the early release of inmates convicted of crack cocaine offenses. As we mentioned, the early release was the result of a 2010 law which reduces the gap between mandatory minimum sentences for crack and powder cocaine offenses.

The change in sentencing guidelines changes a system which was set up in the 1980s when the crack epidemic was going strong. Because of the problems with crack trafficking, Congress passed harsh laws which implicated thousands of low-level and nonviolent criminals. African Americans became increasingly swept up in the extreme sentencing guidelines as crack was cheaper to purchase and more available in black communities. Advocates of the new guidelines say the unfair treatment of African Americans in cocaine offenses, while not completely eradicated, has lessened significantly.

The law, according to sources, mostly obtained Democratic support, though some Republicans like Ron Paul supported the bill as an attempt to correct a sentencing disparity.

The decision to make the new guidelines retroactive was criticized by Congress members who said the sentencing commission had acted beyond the scope of its authority. Also unhappy with the decision were prison reform advocates, who feel the new guidelines didn't do enough to close the sentencing gap. Under the new law, crack offense sentencing guidelines are still 18 times higher than those for powder cocaine offenses.

Regardless of what happens with the guidelines in the future, there is no doubt that there has been an improvement. Federal judges will now be determining on a case by case basis whether shorter sentencing are appropriate and whether inmates will be allowed early release.

Source: NRR, "Crack Cocaine Case Review May Free Inmates," Brian Mann, Nov 1, 2011.