FAIRER DRUG SENTENCES

Now that federal sentencing guidelines for drug convictions have been
dramatically changed to undo the disparity between sentences for
crack and powder cocaine offenses, it is only fair to extend some
leniency to those already serving time under the old standards.

The glaring disparity between sentencing for offenses involving crack
cocaine compared with those for powder cocaine has been a searing
point of contention since the guidelines were established by the U.S.
Sentencing Commission in the 1980s. Under those guidelines, the
punishment for dealing 1 gram of crack cocaine -- the rough
equivalent of a package of artificial sweetener -- was the same as
the sentence for a dealer trafficking in 100 grams of powder cocaine.

The disparity arose from unfounded fears that crack cocaine was
considerably more addictive and dangerous than powder cocaine. In
truth, the pharmacological effect of both drugs is virtually identical.

The difference was in the users: Most crack users are low-income
blacks; most powder cocaine users are middle-class whites. Four of
every five crack defendants in the U.S. are black, while most powder
cocaine convictions involve whites.

Thankfully, both the U.S. Supreme Court and the Sentencing Commission
acted last year to correct the unfairness in drug sentences. The
court, voting 7-2, ruled in December that federal judges had the
discretion to reduce sentences for crack cocaine.

The Sentencing Commission, which already had agreed to revise its
sentencing guidelines, voted in December to retroactively review many
of the cocaine sentences handed down using the old standards. The new
guidelines went into effect Monday, and about 1,600 inmates became
eligible for immediate release this week.

This undoubtedly is the most controversial aspect of the decision to
alter the guidelines. Even some of those who concede that the
disparity in sentencing was unfair are reluctant to release inmates
already behind bars.

Ultimately, nearly 20,000 inmates convicted of crack offenses could
see their prison terms reduced. But some argue that those inmates
should stay right where they are, saying there is no way to gauge how
many of those inmates resorted to plea bargains, which may have
waived convictions for other serious crimes.

But this is not simply a "get out of jail free" card for all crack
offenders. Each inmate will have to request a reduced sentence and go
before a judge, who will review the case before making a decision.
While some crack offenders may have deserved the long sentences they
received under the old guidelines, it also is undeniable that many
first-time, non-violent defendants received disproportionately harsh
sentences.

It is high time that thousands of African-Americans swept off the
streets for crack have a chance to seek the justice that the
government now has acknowledged is due them.