The Crack Gap

Kimbrough v. U.S; this is a case regarding an African American military veteran who was arrested in Norfolk, VA for being in possession of 92 grams of powder cocaine and 56 grams of crack cocaine. He faces a hefty prison sentence for the possession of crack cocaine, but not so much for the powder form of the narcotic. The length of the prison sentence for being in possession of crack versus powder is something that has been debated among Americans for a while now. Congress passed a law that increases the prison sentence served for being in possession of crack cocaine versus powder cocaine.
Kimbrough was sentenced to 15 years in prison. He could have served 19 to 22 years. The reason for the shorter sentence is due to Judge Raymond A. Jackson, who presided over the case. In his opinion it is “ridicules” to charge crack offenders more harshly than powder users. Therefore he went against the Congressional law and kept the sentence to a minimum. The question now is not if the sentence should be longer for crack users. But rather, was Judge Jackson right or wrong for going against Congress in his decision making.
This is now something that is being decided amongst the Supreme Court. Was Judge Jackson in the wrong for going against Congress? According to the journalist who wrote the article I read, their opinion is clearly No! The author states that the ruling is completely reasonable, and that 15 years in prison is no walk in the park. I don’t think one minute in prison would be a walk in the park, nor should it supposed to be.
This article also does not have enough evidence or reasoning to support the authors’ position. It is a justices’ job to read the case and the facts and make a decision based on that and that alone. It is not his job to just disagree with what Congress has made law because he thinks it is “ridicules.” In my opinion this Justice should be reprimanded for his decision, and the sentence revoked and re-tried with an impartial opinion. There is research showing stats that crack users and dealers are more likely to commit dangerous crimes such as murder and rape, than someone on the powder form of the drug. Just as the drug user committed a crime for using drugs, Judge Jackson also committed a crime by going against what Congress has laid forth as law. Should Judge Jackson receive time in prison for going against Congress? In my opinion that would be “ridicules,” however if Congress deemed that a Justice go to prison for such an offense, then Judge Jackson would definitely be making a visit to the prison for his walk in the park.

Here is the link to this article:
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/02/AR2007100202018.html?nav=hcmodule