February 05, 2012
/24-7PressRelease/ -- Prisoners With Harsh Crack Cocaine Convictions to Be Released Early
The war on drugs is still on, but last year, the United States government changed a drug sentencing law that may seem like a cease fire. In 2010, the United States Congress passed the Fair Sentencing Act (FSA), which would lower the recommended sentences for individuals convicted of crack cocaine-related crimes. The FSA was not intended to weaken law enforcements efforts, but to correct decades-long racial disparities in sentences.
Over 73,000 crack offenders have been sentenced in federal courts since 1996. In 2009 alone, nearly 6,000 people were sentenced for crack use. Almost 2,000 of these offenders received 5-year mandatory minimum sentences while nearly 3,000 others received 10-year mandatory minimum sentences.
Prior to the FSA, possession of only 5 grams of crack cocaine would trigger a 5-year mandatory minimum sentence. For powder cocaine drug charges, possession of 500 grams was needed to receive the same 5-year mandatory minimum sentence (a 100-to-1 sentencing disparity). The FSA eliminated mandatory minimum sentences for first-time simple possession of crack cocaine. For 10 year federal minimum sentencing, the disparity between crack and powder cocaine in federal law is now reduced to 18-to-1.
Even with the changes the FSA offered, lawmakers realized that the new law did not apply to those currently harmed by the disparate standard in the old law. In 2011, The Fair Sentencing Clarification Act (FSCA) was offered to fix the problem. Under this amendment, those previously sentenced on crack related charges would be able to benefit from sentence reductions and potentially be released from incarceration early.
Originally, the Act affected roughly 12,000 of the 200,000 men and women in federal prisons for crack cocaine-related convictions. However, a more recent analysis from the United States Sentencing Commission (USSC) indicates that over 20,000 offenders will be eligible for sentence reductions.
Many groups, including Families Against Mandatory Minimums (FAMM) and the ACLU, welcomed the bipartisan sentencing legislation.
In the absence of any further intervention from Congress, inmates will be eligible to apply for sentence reductions. On average, these reductions could be up to 46 months and a represent $2.2 billion in savings to the American public. The ultimate impact of the FSA and FSCA may not be fully realized until actual offenders test the new law.
If you are facing cocaine or other drug charges, contact a criminal defense attorney to protect your rights.
Article provided by Law Office of James W. Winslow, P.C.
Visit us at http://www.winslowlawoffice.com
---
Press release service and press release distribution provided by http://www.24-7pressrelease.com# # #
Read more Press Releases from FL Web Advantage:
