[Congressional Record Volume 141, Number 151 (Tuesday, September 26, 1995)]
[Senate]
[Page S14307]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               U.S. SENTENCING COMMISSION RECOMMENDATIONS

  Mr. HATCH. Mr. President, I rise today in support of S. 1254, a bill 
to block reductions in penalties for crack dealing proposed by the 
United States Sentencing Commission. If the Congress does not act, 
those changes will take effect this November 1.
  According to the Department of Justice, which has also asked us to 
block implementation of the changes, the new penalty structure will 
make base sentences for crack anywhere from two to six times shorter 
than they are now.
  That is simply irresponsible public policy. It would send a terrible 
message both to crack dealers and to communities trying to fight back 
against the crack trade.
  No one, not even the Sentencing Commission, denies that the brunt of 
crack's social consequences have fallen on poor, urban, minority, 
residents. Given what crack has done to our cities, it frankly amazes 
me to hear people arguing for lower sentences. Especially from people 
who wouldn't for one moment tolerate an open-air crack market in their 
neighborhood in Scarsdale or Chevy Chase.
  The Commission's own report, moreover, acknowledges that crack's 
psychoactive effects are far more intense than powder cocaine, which 
means that crack is far more addictive.
  Members of the Sentencing Commission are concerned that the current 
sentencing structure creates a perception of unfairness because most 
convicted crack dealers are African-Americans, whereas a majority of 
convicted powder dealers are White or Hispanic. I am sensitive to these 
concerns. This Congress will deal severely and aggressively with any 
indication that prosecution or sentencing is being driven by racial 
considerations. We will not tolerate any racial discrimination in our 
criminal justice system.
  But Mr. President, it is also important to remember that the number 
of people convicted for crack violations each year is just 3,430. I am 
more concerned, to be blunt, about the millions of people living in our 
cities whose quality of life is being ruined. These people have equal 
rights to safe neighborhoods.
  To those who say the Federal Government is locking up tens of 
thousands of nonviolent, low-level offenders, let me say this: We 
studied that question. What we found was that out of the 3,430 crack 
defendants convicted in 1994, the number of youthful, small-time crack 
offenders with no prior criminal history and no weapons involvement, 
sentenced in Federal courts, was just 51. The median crack defendant 
was convicted of trafficking 109 grams--more than 2,000 rocks or doses. 
Only ten percent of crack defendants had trafficked less than 2-3 grams 
of crack--the equivalent of 40-60 doses.
  And finally, on Tuesday, September 12, HHS released alarming figures 
showing drug use up sharply among our young people. Mr. President, this 
is not the time to be sending the message that we are weakening social 
sanctions against the drug trade.
  I urge my colleagues to join me in supporting this legislation.

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