[Congressional Record Volume 141, Number 176 (Wednesday, November 8, 1995)]
[Extensions of Remarks]
[Page E2134]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          SENTENCING INEQUITY

                                 ______


                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                       Wednesday, November 8, 1995

  Mr. TOWNS. Mr. Speaker, I rise today to address a very prickly issue 
that confronts our judicial system: appropriate sentencing for 
distribution of crack versus powdered cocaine. This is a very important 
issue because current guidelines require a mandatory sentence of a 5-
year prison term for possession of 5 grams of crack. However, it would 
take 500 grams of powered cocaine to receive a comparable sentence. 
Both of these substances are illegal, and I am astounded that there is 
such a disparity in the sentences for distributing these substances.
  The fact of the matter is that cocaine consumption and distribution 
is illegal. Additionally, it is a fact that crack cocaine is the 
inexpensive drug of choice for many inner city citizens; while powered 
cocaine is consumed principally within upper income groups and suburban 
communities.
  As our jail population explodes with additional black inmates charged 
with dealing cocaine, we must raise the question of why? The answer is 
based on simple economic principles. African-Americans dominate crack 
cocaine sales, whereas whites are the chief perpetrators of LSD 
distribution (93.4 percent), pornography (91 percent), and (100 
percent) for anti-trust violations. None of these are lofty endeavors. 
But my point is simple. We must deal with issues of sentencing equity.
  The sentence meted out for any type of cocaine distribution should be 
comparable, and judicial application of the law should be color-blind. 
Currently that is not the case. That is why the Supreme Court is 
reviewing this issue.
  I do not condone the legalization of illicit substances. Nor do I 
support selective prosecution of any ethnic or economic group. But I am 
concerned that penal warehouses are being built, and the lion's share 
of the occupants are African-Americans. I say, let the punishment fit 
the crime, and do not favor any segment of society over another. Equity 
and morality require no less.

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