In our last post, we began discussing the passage of new sentencing guidelines for cocaine offenses. As we noted, the new guidelines take large steps toward achieving equality of sentencing between crack cocaine and powder cocaine offenses.

Under the old sentencing system, a conviction of possession of 5 grams of crack would result in a mandatory minimum sentence of five years, whereas a conviction of possessing 500 grams of powdered cocaine would result in roughly the same sentence. Under the new guidelines, the sentencing disparity is significantly improved.

Those who criticize the new guidelines say the sentencing commission overstepped its authority by making them retroactive. Supporters mostly consisted of democrats, though some Republicans supported the measure. Prison reform advocates criticize the new guidelines since they don't do enough to achieve full equality of sentencing. As we noted last time, the new guidelines still have crack cocaine sentences 18 times harsher than powder cocaine offenses.

Over 12,000 inmates are estimated to be eligible under the new guidelines. The sentencing commission estimates that inmates will receive an average three year reduction of the sentences. Tuesday was reportedly the first day the retroactive measure took effect, though sources didn't indicate how many were expected to be released. Those decisions are made by judges on a case by case basis, and by prosecutors who have discretion to not object to the early releases.

The new guidelines will mean early freedom for many, though there is still work to be done in decreasing the still existing disparity between crack and powder cocaine offenses.

Source: CNN, "New rules slashing crack cocaine sentences go into effect," Carol Cratty, November 2, 2011.