Jessalyn McCurdy of the ACLU testified at today's U.S. Sentencing Commission hearing on the crack-powder cocaine penalties:

A recent ACLU report, Cracks in the System: Twenty Years of the Unjust Federal Crack Cocaine Law, supported the USSC's recommendation that Congress reconsider the 100-to-1 disparity. The report....recommends that federal prosecutions focus on high-level traffickers of both crack and powder cocaine, and supports the elimination of mandatory minimums for crack and powder offenses, especially the mandatory minimum for simple possession.

In her testimony, McCurdy emphasized the report's core finding, that there is no scientific or penological justification for the 100-to-1 sentencing disparity ratio. Although Congress' stated intent was to target high-level cocaine traffickers, the result has been just the opposite - in 2002, a USSC report found that only 15 percent of federal cocaine traffickers can be classified as high-level, while over 70 percent of crack defendants have low-level involvement in drug activity, such as street level dealers, couriers, or lookouts.