Tuesday, December 11, 2007

The Dec. 3 editorial "Justice on the Mend" praised Attorney General Michael B. Mukasey for his correction of some key Justice Department problems but left out the outrage of the 10-to-1 black-white racial disparity in the prosecution of federal crack cocaine cases.

That problem has been mislabeled as a problem in crack cocaine vs. powder cocaine sentencing and the 100-to-1 difference in crack and powder cocaine quantities that trigger mandatory minimum terms and sentencing guidelines. The true cause of the racial disparity has been the focus on mostly low-level and retail drug cases in U.S. attorney's offices around the nation, as revealed by the U.S. Sentencing Commission.

For years, top Justice Department managers have tolerated this misfocus. Mr. Mukasey should order that only drug cases with national or international significance be brought in federal court. Leave all retail cases -- crack cocaine, medical marijuana dispensaries, etc. -- to state prosecutors. The 5,800 prosecutors in U.S. attorney's offices and 5,000 Drug Enforcement Administration special agents are precious global anti-crime resources that Mr. Mukasey should not allow to be wasted on retail drug cases.

ERIC E. STERLING

President

The Criminal Justice Policy Foundation

Silver Spring

The writer helped to develop crack cocaine mandatory minimum sentences in 1986 as assistant counsel to the House Judiciary Committee.