Home : Drug Policy : Sentencing and Penalties

Advocates Stand Together for Fairness in Federal Sentencing (02/26/2008)
Washington, DC – On Tuesday, February 26, activists from around the country, civil rights and professional organizations stood together to call for much-needed reform to the country’s federal sentencing laws. This press briefing and lobby event marked the culmination of a month-long series of events aimed at addressing the 20-year-old sentencing disparity between crack and powder cocaine. According to current guidelines, a conviction for the sale of 500 grams of powder cocaine results in a 5-year mandatory minimum sentence, while the same penalty is triggered for sale or possession of only 5 grams of crack cocaine.

Senate Committee Hears Testimony on Need to Reform 100-to-1 Crack/Powder Federal Sentencing Disparity (02/12/2008)
Washington, DC – The ACLU submitted testimony to the Subcommittee on Crime and Drugs of the Senate Judiciary Committee for today’s hearing, titled "Federal Cocaine Sentencing Laws: Reforming the 100-to-1 Crack/Powder Disparity." The purpose of this hearing is to address the wide disparity between federal sentencing guidelines for crack versus powder cocaine. October 2006 marked the 20th anniversary of the 1986 Anti-Drug Abuse Act. In the years since its passage, many of the myths surrounding crack cocaine have been dispelled, and it has become clear that there is no scientific or penological justification for the 100-to-1 disparity.

ACLU Responds to Mukasey’s Remarks on Federal Sentencing Guidelines (01/28/2008)
Washington, DC – The American Civil Liberties Union criticized remarks Attorney General Michael Mukasey made on Friday suggesting he would seek to derail a decision by the U.S. Sentencing Commission to apply recent changes in federal crack cocaine sentencing guidelines retroactively.

ACLU Hopes Candidates Won’t Make Straw Man of Sensible Sentencing Reforms (01/07/2008)
Washington, DC – The American Civil Liberties Union Washington Legislative Office, a non-partisan organization, believes Senator Hillary Clinton (D-NY) was mistaken when she called ending mandatory minimum sentences a controversial position. The organization urges all candidates, from all parties, to oppose mandatory minimum sentencing and support legislation to close the sentencing disparities between crack and powder cocaine.

ACLU Joins Representative Jackson-Lee’s Call for Sentencing Fix (12/18/2007)
Washington, DC – The American Civil Liberties Union today joined Representative Sheila Jackson-Lee (D-TX) at a press conference calling for a fix to the unfair federal crack cocaine sentencing policy. The ACLU also urged Congress to support Rep. Jackson-Lee’s recently introduced legislation, H.R. 4545, the “Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007.” This bill would eliminate sentencing disparities between crack and powder cocaine as well as the current mandatory minimum for simple possession. In addition, the legislation establishes grants for drug treatment programs, gives the U.S. Sentencing Commission discretion to review sentencing enhancements for crack offenses, and attempts to focus federal resources on major drug dealers.

Cracks in the System: 20 Years of the Unjust Federal Crack Cocaine Law (10/26/2006)
A comprehensive examination of the 100-to-1 crack versus powder cocaine sentencing disparity under which distribution of just 5 grams of crack carries a minimum 5-year federal prison sentence, while distribution of 500 grams of powder cocaine carries the same 5-year mandatory minimum sentence.

Collateral Consequences of the War on Drugs (01/27/2003)
An ACLU paper examining some of the collateral consequences of current U.S. drug policy, including loss of student financial aid, public housing, welfare eligibility and the right to vote.

Collateral Damage in the War on Drugs (05/01/2002)
A Villanova Law Review article by ACLU Drug Law Reform Project Director Graham Boyd examining the many destructive by products of America's War on Drugs, including record incarceration, the erosion of constitutional rights and racial injustice.

Kimbrough v. United States - ACLU Amicus Brief (07/26/2007)

U.S. v. Spears - Amicus Brief in Support of Appellee (06/01/2006)
A friend-of-the-court brief submitted by the ACLU and noted sentencing experts in support of the right of judges to depart from the notorious 100-to-1 crack/powder cocaine sentencing disparity.

U.S. v. Ricks - Brief in Support of Appellee (05/18/2006)
A friend-of-the-court brief submitted by the ACLU Drug Law Reform Project and a coalition of renowned law professors and sentencing experts in support of judges' right to depart from the 100-to-1 crack/powder sentencing disparity in light of the U.S. Supreme Court's decision in Booker v. U.S.

U.S. v. Castillo - Amicus Brief in Support of Appellee (02/17/2006)
A friend-of-the-court brief submitted by the ACLU and noted sentencing experts in support of the right of judges to depart from the notorious 100-to-1 crack/powder cocaine sentencing disparity.

Judge Shubb's Sentencing Transcript in Starks v. U.S. (01/20/2006)

ACLU Testimony to Reform the 100-1 Crack/Powder Disparity (02/12/2008)
The American Civil Liberties Union (ACLU) would like to thank the Subcommittee on Crime and Drugs of the Senate Committee on the Judiciary for the opportunity to submit testimony for this hearing on “Federal Cocaine Sentencing Laws: Reforming the 100-to-1 Crack/Powder Disparity.” The ACLU is a nonpartisan organization with hundreds of thousands of activists and members and with 53 affiliates nationwide. Our mission is to protect the Constitution and particularly the Bill of Rights. Thus, the disparity that exists in federal law between crack and powder cocaine sentencing continues to concern our organization due to the implications of this policy on due process and equal protection rights of all people. Equally important to our core mission are the rights of freedom of association and freedom from disproportionate punishment, which are also at risk under this sentencing regime.

ACLU Comments to the United States Sentencing Commission on Crack/Powder Disparity (03/16/2007)

ACLU Urges Members of Congress to Co-Sponsor and Support the RISE Act (01/25/2007)

Testimony of Jesselyn McCurdy, ACLU Legislative Counsel, At A United States Sentencing Commission Hearing On Cocaine and Sentencing Policy (11/14/2006)

Coalition Sign-On Letter to the Senate and House Judiciary Committees Regarding Mandatory Minimums for Crack Cocaine (02/16/2006)

Don Diva Magazine: Witness or Snitch (10/24/2007)
Don Diva magazine examines the intersection between the "Stop Snitchin'" movement and informant misuse.

Los Angeles Police Department Consent Decree Requirements Regarding Confidential Informants (10/24/2007)
A consent decree ordered upon the Los Angeles Police Department governing proper use of confidential informants and compliance requirements.

California Department of Justice: Jailhouse Informant Policy (10/19/2007)
The California Department of Justice guidelines controlling proper use of information provided by jailhouse informants.

Denver Police Department Operations Manual: Confidential Informants (10/19/2007)
The Denver Police Department's guidelines regarding the proper use of confidential informants.

Ad: It's Not Fair (08/09/2007)

Kimbrough v. United States decision (12/10/2007)
In this case, the Supreme Court affirmed that federal sentencing guidelines for sentences for cocaine offenses are advisory only, and that district courts may consider other factors - including the disparity in sentencing guidelines for crack and powder cocaine - in issuing sentences.

Kimbrough v. United States (07/26/2007)
Whether a federal trial judge may take into account the fact that the current Sentencing Guidelines for crack cocaine have proven unsound and been rejected by the Sentencing Commission itself when sentencing a crack offender. DECIDED

Advocates Stand Together for Fairness in Federal Sentencing (02/26/2008)
Washington, DC – On Tuesday, February 26, activists from around the country, civil rights and professional organizations stood together to call for much-needed reform to the country’s federal sentencing laws. This press briefing and lobby event marked the culmination of a month-long series of events aimed at addressing the 20-year-old sentencing disparity between crack and powder cocaine. According to current guidelines, a conviction for the sale of 500 grams of powder cocaine results in a 5-year mandatory minimum sentence, while the same penalty is triggered for sale or possession of only 5 grams of crack cocaine.

Senate Committee Hears Testimony on Need to Reform 100-to-1 Crack/Powder Federal Sentencing Disparity (02/12/2008)
Washington, DC – The ACLU submitted testimony to the Subcommittee on Crime and Drugs of the Senate Judiciary Committee for today’s hearing, titled "Federal Cocaine Sentencing Laws: Reforming the 100-to-1 Crack/Powder Disparity." The purpose of this hearing is to address the wide disparity between federal sentencing guidelines for crack versus powder cocaine. October 2006 marked the 20th anniversary of the 1986 Anti-Drug Abuse Act. In the years since its passage, many of the myths surrounding crack cocaine have been dispelled, and it has become clear that there is no scientific or penological justification for the 100-to-1 disparity.

ACLU Responds to Mukasey’s Remarks on Federal Sentencing Guidelines (01/28/2008)
Washington, DC – The American Civil Liberties Union criticized remarks Attorney General Michael Mukasey made on Friday suggesting he would seek to derail a decision by the U.S. Sentencing Commission to apply recent changes in federal crack cocaine sentencing guidelines retroactively.

ACLU Hopes Candidates Won’t Make Straw Man of Sensible Sentencing Reforms (01/07/2008)
Washington, DC – The American Civil Liberties Union Washington Legislative Office, a non-partisan organization, believes Senator Hillary Clinton (D-NY) was mistaken when she called ending mandatory minimum sentences a controversial position. The organization urges all candidates, from all parties, to oppose mandatory minimum sentencing and support legislation to close the sentencing disparities between crack and powder cocaine.

ACLU Joins Representative Jackson-Lee’s Call for Sentencing Fix (12/18/2007)
Washington, DC – The American Civil Liberties Union today joined Representative Sheila Jackson-Lee (D-TX) at a press conference calling for a fix to the unfair federal crack cocaine sentencing policy. The ACLU also urged Congress to support Rep. Jackson-Lee’s recently introduced legislation, H.R. 4545, the “Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007.” This bill would eliminate sentencing disparities between crack and powder cocaine as well as the current mandatory minimum for simple possession. In addition, the legislation establishes grants for drug treatment programs, gives the U.S. Sentencing Commission discretion to review sentencing enhancements for crack offenses, and attempts to focus federal resources on major drug dealers.