Equalize drug
sentences, but don’t stop at that
IF YOU REALLY want to talk about nonsensical disparities in the
way South Carolina treats different types of crime, don’t compare
criminal domestic violence to cockfighting. Compare it to drug
addiction.
In South Carolina, first-offense simple possession of crack
cocaine is a felony that can land you in prison for five years.
First-offense simple criminal domestic violence is a misdemeanor
that can put you behind bars for no more than 30 days.
Earlier this month, the Senate voted to eliminate one disparity
involving drug sentences — the one that treats the form of cocaine
generally used by black people as a far greater threat than the form
of cocaine generally used by white people. Under current law, while
crack possession is a five-year felony, first-offense powder cocaine
possession is a misdemeanor that carries up to two years in prison.
The Senate bill would make first-offense possession of either form
of cocaine a misdemeanor, with a sentence of up to three years in
prison; a second offense would be a felony with a sentence of up to
seven years in prison.
That doesn’t make as much sense as what the Senate tried to do a
couple of years ago, which was to lower crack sentences to the level
of powder cocaine sentences. But at the time, the House would have
nothing to do with the change, which was attached to a House bill to
increase the portion of their sentences that most prisoners must
serve before being eligible for release. House Judiciary Chairman
Jim Harrison said then that eliminating the disparity would be fine
— as long as that meant increasing sentences for cocaine users, not
decreasing them for crack users. No compromise was reached, and the
overall bill died, as it should have.
This time around, senators decided to try the compromise of
lowering the crack sentences a little while increasing the powder
cocaine sentences a little. Since more than twice as many people are
serving prison sentences for crack possession as for powder cocaine
possession, and since their sentences are 20 percent longer, this
change should result, over time, in fewer people being warehoused in
our prisons. There’s a downside, though. Since there’s a minimum
sentence for distribution of powder cocaine and not of crack,
equalizing sentences meant adding minimums on the more serious crack
charges, which could increase some prison sentences; that’s nothing
to celebrate.
Still, equalizing the sentences makes an important statement
about our values. There is no scientific or moral justification for
treating two forms of the same chemical substance so differently.
While it’s not clear that racism was the motive behind creating the
disparity, it’s clear that the effect has been to punish black
addicts much more harshly than white addicts.
That, of course, brings us to the bigger question: Why do we
spend so much money imprisoning drug addicts, instead of treating
them?
Mandatory drug treatment programs have proved to be far more
effective at getting people to give up drugs — and to become
law-abiding citizens — than prison sentences. And they’re cheaper,
too, which certainly should be a consideration in a state that
refuses to spend the money needed to hire enough guards for our
ever-increasing prison population.
Maybe if we spent a little less money putting addicts behind
bars, we’d be able to afford to treat batterers a little more
seriously. Or — imagine this — we might even be able to afford to
invest in education and counseling programs that would make it less
likely that people would become criminals of any type. |