Race, Class, & Crack Sentencing (Cont.): Study questions According to the ACLU’s “Cracks in the...

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Race, Class, & Crack Sentencing Race, Class, & Crack Sentencing (Cont.): (Cont.): Study questions Study questions According to the ACLU’s “Cracks According to the ACLU’s “Cracks in the system” report, why is in the system” report, why is 100:1 crack-powder sentencing 100:1 crack-powder sentencing disparity arbitrarily imposed and disparity arbitrarily imposed and what have the consequences of this what have the consequences of this been in the last 20 years? been in the last 20 years? Mandatory minimums Mandatory minimums Consequences Consequences Family structure Family structure Voting Rights Voting Rights Employment opportunities Employment opportunities Social services Social services

Transcript of Race, Class, & Crack Sentencing (Cont.): Study questions According to the ACLU’s “Cracks in the...

Page 1: Race, Class, & Crack Sentencing (Cont.): Study questions  According to the ACLU’s “Cracks in the system” report, why is 100:1 crack-powder sentencing.

Race, Class, & Crack Sentencing (Cont.):Race, Class, & Crack Sentencing (Cont.):Study questionsStudy questions

According to the ACLU’s “Cracks in the According to the ACLU’s “Cracks in the system” report, why is 100:1 crack-system” report, why is 100:1 crack-powder sentencing disparity arbitrarily powder sentencing disparity arbitrarily imposed and what have the imposed and what have the consequences of this been in the last 20 consequences of this been in the last 20 years?years?

Mandatory minimumsMandatory minimumsConsequencesConsequences

Family structureFamily structureVoting RightsVoting RightsEmployment opportunitiesEmployment opportunitiesSocial servicesSocial services

Page 2: Race, Class, & Crack Sentencing (Cont.): Study questions  According to the ACLU’s “Cracks in the system” report, why is 100:1 crack-powder sentencing.

Race, Class, & Crack Sentencing (Cont.):Race, Class, & Crack Sentencing (Cont.):Study questionsStudy questions

According to the ACLU’s “Cracks According to the ACLU’s “Cracks in the system” report, how have in the system” report, how have many of the assumptions used in many of the assumptions used in justifying the 100:1 ratio been justifying the 100:1 ratio been proved wrong by empirical data?proved wrong by empirical data?

HarmHarmPrenatal exposurePrenatal exposureHigh-level drug traffickingHigh-level drug traffickingDangerous conductDangerous conduct

Page 3: Race, Class, & Crack Sentencing (Cont.): Study questions  According to the ACLU’s “Cracks in the system” report, why is 100:1 crack-powder sentencing.

Race, Class, & Crack Sentencing (Cont.):Race, Class, & Crack Sentencing (Cont.):Study questionsStudy questions

According to the ACLU’s According to the ACLU’s “Cracks in the system” report, “Cracks in the system” report, what can be done to change what can be done to change current policy?current policy?

Federal and State EqualizationFederal and State EqualizationHigh-level traffickersHigh-level traffickersJudicial discretionJudicial discretion

Page 4: Race, Class, & Crack Sentencing (Cont.): Study questions  According to the ACLU’s “Cracks in the system” report, why is 100:1 crack-powder sentencing.

Race, Class, & Crack Sentencing (Cont.):Race, Class, & Crack Sentencing (Cont.):Other Study Questions from “Cracks in the System”Other Study Questions from “Cracks in the System”

What are the myths What are the myths associated with Crack associated with Crack cocaine?cocaine?What has been Congress’s What has been Congress’s response to the Sentencing response to the Sentencing Commission Reports of 1995 Commission Reports of 1995 and 2002?and 2002?

Page 5: Race, Class, & Crack Sentencing (Cont.): Study questions  According to the ACLU’s “Cracks in the system” report, why is 100:1 crack-powder sentencing.

Race, Drug Sentencing, and the Law:Race, Drug Sentencing, and the Law:Study QuestionsStudy Questions

According to David Cole, how According to David Cole, how are criminal defendants who are criminal defendants who make selective drug make selective drug prosecution based on race prosecution based on race claims caught in a catch-22a? claims caught in a catch-22a? Why was this important in Why was this important in the case of Christopher Lee the case of Christopher Lee Armstrong?Armstrong?

Of discovery and dismissalOf discovery and dismissal

Page 6: Race, Class, & Crack Sentencing (Cont.): Study questions  According to the ACLU’s “Cracks in the system” report, why is 100:1 crack-powder sentencing.

Case Study in Unintended Case Study in Unintended Consequences: New York’s Consequences: New York’s

Rockefeller Drug LawsRockefeller Drug Laws

The Kingpin Loophole and the use of The Kingpin Loophole and the use of MulesMules

Lifetime probation provisionLifetime probation provision 80% first time felons80% first time felons

Page 7: Race, Class, & Crack Sentencing (Cont.): Study questions  According to the ACLU’s “Cracks in the system” report, why is 100:1 crack-powder sentencing.

Discussion Question:Discussion Question:Why are the unintended Why are the unintended consequences of New York’s consequences of New York’s Rockefeller Drug Laws relevant Rockefeller Drug Laws relevant for understanding what happened for understanding what happened to Elaine Bartlett in to Elaine Bartlett in Life on the Life on the Outside?Outside?

OTHER BIG QUESTIONS:OTHER BIG QUESTIONS: How does the book How does the book Life on the OutsideLife on the Outside

demonstrate the hidden consequences demonstrate the hidden consequences of our of our nation's punishment policies on Elaine Bartlett nation's punishment policies on Elaine Bartlett and her family? and her family?

Do you believe that alternative programs such as Do you believe that alternative programs such as community or drug court may have benefited community or drug court may have benefited Elaine and/or members of her family?Elaine and/or members of her family?