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Race, Class, & Crack Sentencing (Cont.): Study questions. According to the ACLU’s “Cracks in the system” report, why is 100:1 crack-powder sentencing disparity arbitrarily imposed and what have the consequences of this been in the last 20 years? Mandatory minimums Consequences Family structure
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Race, Class, & Crack Sentencing (Cont.):Study questions According to the ACLU’s “Cracks in the system” report, why is 100:1 crack-powder sentencing disparity arbitrarily imposed and what have the consequences of this been in the last 20 years? Mandatory minimums Consequences Family structure Voting Rights Employment opportunities Social services
Race, Class, & Crack Sentencing (Cont.):Study questions According to the ACLU’s “Cracks in the system” report, how have many of the assumptions used in justifying the 100:1 ratio been proved wrong by empirical data? Harm Prenatal exposure High-level drug trafficking Dangerous conduct
Race, Class, & Crack Sentencing (Cont.):Study questions According to the ACLU’s “Cracks in the system” report, what can be done to change current policy? Federal and State Equalization High-level traffickers Judicial discretion
Race, Class, & Crack Sentencing (Cont.):Other Study Questions from “Cracks in the System” What are the myths associated with Crack cocaine? What has been Congress’s response to the Sentencing Commission Reports of 1995 and 2002?
Race, Drug Sentencing, and the Law:Study Questions According to David Cole, how are criminal defendants who make selective drug prosecution based on race claims caught in a catch-22a? Why was this important in the case of Christopher Lee Armstrong? Of discovery and dismissal
Case Study in Unintended Consequences: New York’s Rockefeller Drug Laws • The Kingpin Loophole and the use of Mules • Lifetime probation provision • 80% first time felons
Discussion Question:Why are the unintended consequences of New York’s Rockefeller Drug Laws relevant for understanding what happened to Elaine Bartlett in Life on the Outside? • OTHER BIG QUESTIONS: • How does the book Life on the Outside demonstrate the hidden consequences of our nation's punishment policies on Elaine Bartlett and her family? • Do you believe that alternative programs such as community or drug court may have benefited Elaine and/or members of her family?