The 100 to 1 crack sentencing ratio

[madmusic]

You've probably heard of this but know little of the details. It's all about mandatory sentencing that started in the 80s under Ray-gun.

What's amazing is that this case is about the difference between 210 to 262 months and 324 to 405 months. That's the difference between 21 years max, and about 31 years max.

Either is a LOT of time.

Stranger still, they never busted this guy for sales or possession directly. They suspected him of selling but didn't find any anything. And yet, "The jury convicted Spears of conspiracy to distribute 1,792 grams of crack cocaine and 500 grams of powder cocaine." The more crack, the more years, so how did the jury arrive at that number? Snitches. That's all, just snitches and a vague confession. He did, after all, have a previous conviction for sales. Since there is a mandatory 5 years sentence for even a small quantity of crack, that's a powerful incentive for some to turnover and lie if they are told to, or else. That's quite an extortion racket the government has going.

On June 2, 2004, law enforcement responded to an anonymous report of drug
trafficking in a room at the Hamilton Inn in Sioux City, Iowa. The responding officers
observed a high volume of traffic entering and leaving the hotel room. The officers
stopped several vehicles, whose occupants had been observed leaving the room. Upon
searching the vehicles, the officers discovered crack cocaine. The officers obtained
and executed a search warrant on the hotel room and found Spears, Elliott Ward
(Ward), and one other person inside the room. The officers searched Spears and
found $805 in cash, but no cocaine. Spears was arrested, and after receiving his
Miranda1 warnings, Spears admitted in a videotaped interview with law enforcement
that he previously sold both powder and crack cocaine.

At trial, five cooperating witnesses testified for the government. John Spencer
(Spencer) testified he witnessed Spears receive more than two ounces of powder
cocaine on ten or more occasions. Spencer said Spears cooked some of the powder
cocaine into crack cocaine. Spencer also related that between 2003 and October 2004,
he purchased a total of seven to eight ounces or more of crack cocaine from Spears,
and then sold smaller quantities to others. Spencer further testified to making trips to
Chicago, Illinois, with Spears and purchasing five or more ounces of cocaine per trip.
Co-conspirators Calvin Bailey (Bailey) and Ward testified they pooled money with
Spears and purchased one-half ounce to nine ounce quantities of powder cocaine from
various drug sources. Ward admitted buying both powder and crack cocaine from
Spears. Two other cooperating witnesses gave similar testimonies. All cooperating
witnesses testified in hopes of receiving reduced sentences.

EDIT: http://www.ca8.uscourts.gov/opndir/06/12/054468P.pdf

Even the guilty usually don't mind getting caught all that much provided the system is fair. They know it will happen. But this doesn't seem fair to me.

[madmusic]

1. Did anyone read this case?

Did it help you understand what is going on?

[porphyrian]

2. We cannot continue to have an unjust justice system.

The "drug war," institutionalized racist and classist bias, and bullshit "tough on crime" sentencing all contribute to the injustice.