Supreme Court Gives Judges Greater Leeway in Drug Sentencing
FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org; (212) 549-2666
ACLU Calls Decision a Victory for Fairness Under the Law
NEW YORK – By a 7-2 vote, the U.S. Supreme Court ruled today in Kimbrough v. United States that it is no longer mandatory for federal judges to adhere to the federal Sentencing Guidelines, which provide for disparate sentences for crack and cocaine offenses. The United States Sentencing Commission has itself rejected the 100:1 disparity as unreasonable.
The following can be attributed to Graham Boyd, Director of the ACLU’s Drug Law Reform Project:
“Today’s ruling upholds the common sense notion that judges should not have to turn a blind eye to the fact that the crack versus powder cocaine sentencing disparity is unsound in theory and racially discriminatory in practice. After almost 20 years on the books, the 100:1 disparity has proven unfair and ineffective. This decision means that judges can and should see that justice is done by issuing fair sentences.”
The ACLU also urges prompt consideration of Senator Joseph Biden’s Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007, legislation that would equalize the penalties for crack and powder cocaine.
FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org; (212) 549-2666
ACLU Calls Decision a Victory for Fairness Under the Law
NEW YORK – By a 7-2 vote, the U.S. Supreme Court ruled today in Kimbrough v. United States that it is no longer mandatory for federal judges to adhere to the federal Sentencing Guidelines, which provide for disparate sentences for crack and cocaine offenses. The United States Sentencing Commission has itself rejected the 100:1 disparity as unreasonable.
The following can be attributed to Graham Boyd, Director of the ACLU’s Drug Law Reform Project:
“Today’s ruling upholds the common sense notion that judges should not have to turn a blind eye to the fact that the crack versus powder cocaine sentencing disparity is unsound in theory and racially discriminatory in practice. After almost 20 years on the books, the 100:1 disparity has proven unfair and ineffective. This decision means that judges can and should see that justice is done by issuing fair sentences.”
The ACLU also urges prompt consideration of Senator Joseph Biden’s Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007, legislation that would equalize the penalties for crack and powder cocaine.
Stay informed
Every month, you'll receive regular roundups of the most important civil rights and civil liberties developments. Remember: a well-informed citizenry is the best defense against tyranny.
By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy policy.
The latest in Smart Justice
ACLU's Vision
The American Civil Liberties Union is a nonprofit organization whose mission is to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States of America.
Learn More About Smart Justice
The ACLU Campaign for Smart Justice is an unprecedented, multiyear effort to reduce the U.S. jail and prison population by 50% and to challenge racism in the criminal legal system.