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Friday, May 04, 2007

Mandating Injustice or good crime fighting: The legal disparity of crack and coke.

The Courier-Journal has a piece today pointing out the disparities involving the laws' treatment of those convicted of possession or selling of crack cocaine as opposed to powder cocaine. In it, the C-J makes a CLEAR case of Mandating Injustice. For instance, The C-J points out, that "[a] conviction for distributing 5 grams of crack draws the same five-year minimum as distributing 500 grams of powder cocaine. Even judges have complained about the injustice of such disparate sentencing."

Now Congress, through the U. S. Sentencing Commission, is set to look at the issue -- again.

Now knowing that Blacks are more apt to use crack and their White counterparts are more apt to use powder cocaine, and knowing also that I am a STRONG Law enforcement supporter who has served on both sides (Prosecutor and Defense Attorney) of the Criminal Justice system, I MUST still ask this question: Are there ANY ethical, moral, scientific or other reasons -- other than maybe the race of the user -- why there is such a disparity in sentencing or is our justice system simply "gone mad" (as the British will say -- my salute to the Queen on her visit to Kentucky this weekend!)?

As you ponder your answer, remember these words of none other than the Founding Father, Thomas Jefferson, who is credited with writing our Declaration of independence and our revered Constitution: "Equal and exact justice to all men... ."

Now your turn.

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