https://www.nationalreview.com/2018/11/first-step-act-trump-embraces-left-wing-racism-rhetoric/African Americans were not disproportionately prosecuted for crack.
President Trump has announced his support for a proposal to ease federal sentencing laws that proponents call the “FIRST STEP Act” — and that Senator Tom Cotton has tartly labeled the “jailbreak” bill. There may not be much time for debate, since the bill’s ideologically eclectic array of champions hope to ram it through the lame-duck session of Congress. For now, though, I want to focus on an absurd assertion the president made Wednesday afternoon, in remarks touting the proposal.
Trump stated that, among other things, FIRST STEP
rolls back some of the provisions of the Clinton crime law that disproportionately harmed the African-American community. And you all saw that and you all know that; everybody in this room knows that. It was very disproportionate and very unfair.
It was not disproportionate or unfair. The argument that it was, commonly made by race-obsessed Democrats, is rooted in the noxious “disparate impact” theory of racial discrimination and a misrepresentation of history.
At issue is the wide disparity between criminal penalties for crack cocaine and powder cocaine — known, respectively, in the ’80s and ’90s as “cocaine base” and “cocaine hydrochloride.” This policy did not begin with President Clinton. In 1986, President Reagan signed legislation prescribing prison sentences that were much more severe for crack, at a ratio of 100:1 (e.g., a five-year mandatory minimum prison term applied to offenses involving 500 grams of powder cocaine or 5 grams of crack).
Clinton-era crime legislation built on this foundation, enhancing the phenomenon critics call “mass incarceration” (and the rest of us call “felons who prey on society being held in prison”). President Clinton signed into law the “three strikes and you’re out” provision, requiring mandatory life sentences for career criminals who commit a “serious violent felony” after having previously been convicted of at least one other such crime, in addition to another crime (which could include drug felonies). Clinton, moreover, encouraged states to adopt federal “truth in sentencing” provisions that require the sentence served in prison to approximate the sentence imposed in court.
(By the way, you’ll be hearing more about “truth in sentencing” — its demise, that is — in connection with FIRST STEP. Proponents insist the bill is tough on crime, and to give that illusion, the proposal would return us to the fraudulent practice of having Congress enact hefty sentences that judges ostensibly impose in court — only to have prison authorities quietly slash them by half and more. FIRST STEP would pull this off through the application of “time credits” that prisoners earn by participation in “evidence-based recidivism reduction programming.”)
It is fair to contend that some Clinton (and Reagan) sentencing policies were unduly harsh — though doing so is Monday-morning quarterbacking applied to a crime environment very different from today’s. It is the job of legislators to adapt the law to changing circumstances. And we do have changed circumstances: Crime rates have been low for a long time, and policing methods have improved significantly. Certainly, we should hear out thoughtful FIRST STEP advocates, who maintain that we can keep crime low (and even further reduce it) while returning convicts to society more quickly. I don’t see it, but maybe “evidence-based recidivism reduction programming” really can prove itself over time.