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Sentencing Commission Should Propose Changes to Crack Cocaine Guidelines
By Carmen Hernandez
Good morning, Your Honor, and members of the Commission. I’m here
representing the National Association of Criminal Defense Lawyers. I
will not attempt to be balanced. You’ll hear enough from the government
and others in that regard.
It was difficult trying to respond to your questions, and it was
difficult trying to determine what I would say today because I think
everything’s been said. It’s been said probably best by the Commission
itself in the many reports it has published in which it debunked all the
supposed reasons for the 100-to-1 ratio for crack versus powder
I think there is no scientific basis, absolutely none, to say that one
form of cocaine is a hundred times worse than the other. There may be a
difference, the Commission will have to decide that, but there is
absolutely no evidence of any scientific value that says 100-to-1 is an
appropriate measure. Having said that, I’m going to try, for a change,
in the many times that I’ve appea
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