Letter to President Clinton: Crack and Powder Cocaine Sentencing Policy in the Federal Criminal Justice System

Abstract

On April 29,1997, the United States Sentencing Commission (Commission) submitted to Congress a report containing recommendations regarding crack and powder cocaine sentencing policy in the federal criminal justice The Commission recommended that the triggering amount for a five year mandatory minimum sentence for crack be changed from the current 5 grams to somewhere between 25 and 75 grams, and that the triggering amount for a five-year mandatory minimum sen tence for powder cocaine be changed from the current 500 grams to somewhere between 125 and 375 grams. In a statement issued on the day the report was submitted to Congress, you commended the Com mission for its report, agreeing that some adjust ment to the cocaine penalty structure is warranted as a matter of sound criminal justice policy [because] [f]ederal prosecutors should target midand high-level drug traffickers, rather than low-level drug offend ers. You recognized that [t]he disparity between sentences for powder and crack cocaine has led to a perception of unfairness and inconsistency in the federal criminal justice system. You further stated, however, that crack has had a particularly devastating impact on communities across America, and thus [t]he sentencing laws must continue to reflect that crack cocaine is a more harmful form of cocaine. You directed us to study the Commission's report and to make our recommendations on cocaine sentencing in the federal