Whiteside Manor - Affordable California Drug and Alcohol Treatment Center
We'll help you find and stay on the right path
Call 1-800-300-RECOVER (7326)

. . .

Tuesday, November 29, 2011

The Fair Sentencing Act

The U.S. Supreme Court will be hearing two cases where cocaine-related crimes were committed before the Fair Sentencing Act of 2010 took effect, but the accused were not sentenced until afterwards. The Supreme Court does not typically hear drug related cases, but due to the nature of the new Act these will be heard. In the past people convicted of crack cocaine related charges received much longer sentences than people convicted for powder cocaine, sometimes as much as a 100 times longer.

Fair Sentencing Act reduced the disparity of sentences between people who sell crack cocaine and those who sell the powder form of the drug. The law reduced the disparity to 18 to one for those who committed crimes after the law took effect. What should happen to people who committed their offenses before the law took effect, but were not sentenced until afterwards is what the Supreme Court will be deciding.

Case Number 1:
A man who pleaded guilty in June 2010 to possessing 5.5 grams of crack cocaine in 2008 with the intent to distribute it was subject to a mandatory minimum sentence of 10 years. Under the new law, the mandatory sentence would not have been given for fewer than 28 grams, and the man probably would have received a sentence of three or four years, the New York Times reports.

Case Number 2:
A man was convicted in 2009 of selling 53 grams of crack cocaine, and was sentenced under the old law in December 2010, after the new law had taken effect.

The Fair Sentencing Act is a huge step towards keeping people out of jail for drug related charges. It is often the case that those going to jail suffer from the disease of addiction and would be better suited in a drug and alcohol treatment facility.

No comments:

Post a Comment

Thanks for your comment!