Fix Overdue in Sentencing Law
Congress should act on extreme disparity in cocaine terms

For the second time in two years, the U.S. Sentencing Commission has urged
that penalties for trafficking in crack cocaine be brought more in line
with those for powder cocaine. Congress and President Clinton should
approve this recommendation but, regrettably, such a fair and sensible
stance still looks like a longshot.

Since 1986, federal law has mandated a 1001 disparity in the treatment of
those convicted of trafficking in crack as compared with powder cocaine. A
fiveyear minimum prison term is mandated for anyone found guilty of
possessing five grams of crack, and 10 years to life for more than 10
grams.

But for powder cocaine, a fiveyear term for an offender would be mandated
only at the 500gram level. This extreme disparity was established because
Congress wanted to signal its determination to end soaring drug use. Crack,
cheaper and more prevalent on the streets than powder cocaine, seemed the
crux of the problem.

But in practice, the commission report noted, "the current penalty
structure results in a perception of unfairness and inconsistency." For
instance, if possession of cocaine is illegal regardless of the form it
takes, the sentencing disparity signals that one form of cocaine is more
illegal than the other. That sounds like legal nonsense.

Moreover, studies show that the sentences for crack, the cheaper form of
the drug, have been imposed most often on black and Latino defendants. And
the fact that one in five federal prison cells is now occupied by
smalltime drug offenders hardly makes for the best use of scarce federal
dollars.

The commission, created by Congress in 1985 to develop a more uniform
sentencing policy for the federal courts, tried to eliminate the disparity
in 1995, but Congress and the president blocked the action. On Tuesday, the
commission recommended reducing that disparity somewhat, lowering the
amount of powder cocaine that would trigger the mandatory fiveyear term
and raising the fiveyear trigger for crack.

This change is a stepalas but a small onein the right direction.
Congressional leaders should take up proposal with an eye to fairness, and
abandon past demagoguery about who is "soft on crime." Common sense and
prudent policy are the measures here, along with political courage.

Copyright Los Angeles Times