WASHINGTON, -- Last night the Senate passed S. 1789, The Fair Sentencing Act of 2010, concerning the racially discriminatory disparity in the treatment of the crack and powder forms of cocaine. Although the Senate passed legislation concerning the crack/powder sentencing disparity, it refused to completely eliminate that unjustified disparity. The Senate's failure is deeply troubling. If left uncorrected, the Senate's action would mean that racial discrimination will persist. There is no dispute that the crack/cocaine disparity must be eliminated. No scientific or criminological justification exists for treating the two forms of the drug differently. Second, the sentencing disparity has had a devastating, racially discriminatory impact on African Americans. The recognition of these two, simple facts is widespread, as is the recognition of the need to act now to eliminate this unjustified disparity. We acknowledge that proponents of reform supported this action only because they believed it was the only way to achieve some progress, but a better result is obtainable. The House of Representatives Judiciary Committee reported legislation to completely eliminate the disparity between powder and crack cocaine, H.R. 3245. That legislation awaits action by the full House. It should swiftly be passed. The Obama Administration has also supported complete elimination of this unjustified disparity. As a candidate, President Obama called for elimination of the disparity stating: "the disparity between crack and powder-based cocaine is wrong, cannot be justified and should be eliminated." The Attorney General and the head of the Department of Justice Criminal Division have echoed this call. It is incumbent on the Administration to make its actions reflect its words. The Administration must support real reform, complete elimination of the disparity, and do everything in its power to eliminate unjustified, racially discriminatory sentencing practices. ABOUT LDF The NAACP Legal Defense and Educational Fund (LDF) is America's legal counsel on issues of race. Through advocacy and litigation, LDF focuses on issues of education, voter protection, economic justice and criminal justice. We encourage students to embark on careers in the public interest through scholarships and internship programs. LDF pursues racial justice to move our nation toward a society that fulfills the promise of equality for all. Media Contact: Mel Gagarin, (212) 965-2783 or mgagarin@naacpldf.org SOURCE NAACP Legal Defense and Educational Fund RELATED LINKS
http://www.naacpldf.org