How Fair is the Fair Sentencing Act? Implications of Dorsey v. United States

In the 1980’s the inner cities of America experienced what many are taught as the “crack epidemic”. During this time – the nation responded with fear – not knowing what crack was – or that it was literally was cocaine but in a different form. Many stigma’s started to surround the use of crack cocaine, and as the epidemic got larger – the government responded with the ‘War on Drugs’. This has become a very controversial area of discussion. A lot of critics of the war on drugs believe that this government response was targeted towards minorities while the supporters claim it reduced crime. The “War on Drugs” was pushed under the Reagan Administration where many pieces of legislature were pushed through Congress to create zero-tolerance policies regarding drug usage/possession.  The most controversial laws passed during this time was the mandatory sentencing laws in regards to crack-cocaine usage. If you were caught with 5 grams of crack cocaine – even if you were a non-violent, first-time offender, you were automatically given a mandatory minimum sentence of 5 years…compared to having 500 grams of cocaine which would trigger a 5 year sentence..

These new laws created a disparity in sentencing. Nonviolent drug law offenses increased from 50,000 in 1980 to 400,000 in 1997. Thousands of people were sent to jail – with mandatory minimum sentences of 5 years+ for having a small amount of crack cocaine although it turned out crack cocaine was the same drug as cocaine. 79% of 5,669 crack cocaine offenders in 2009 were African American. There was an obvious disparity in how the sentencing was directly impacting the African American population. Many people discussed the disparity and it became a very controversial topic since these laws where unfair compared to cocaine sentences which did not impact African Americans in the same sense – although they were technically the same drug.

This video discusses the impact of unfair sentencing laws: Drug Policy Alliance Video

Recently, these unfair sentencing laws were addressed by the same people who created them – Congress. In 2009, Senator Richard Durbin introduced the Fair Sentencing Act to Congress. The goal of this legislation was to reverse the unfair sentencing laws that affected thousands by reducing the disparity in sentencing from a 100:1 to 18:1 ratio and ended mandatory minimum sentencing in certain situations. This legislature was considered bipartisan and passed through Congress quickly and became law on August 3rd, 2010. Although this legislature, in my opinion was a move in the right direction, there was a gap in the law and confusion of who it applied to. There was a population of people who committed drug offenses prior to the Fair Sentencing Act but were not sentenced until after it’s passage. It was unsure if this legislation applied to their sentencing since it was not specified in the law itself. Due to this, the Supreme Court case Dorsey v. United States unfolded….

In 2008, Edward Dorsey was convicted on selling 5.5 grams of crack cocaine. As a prior offender, his minimum sentence under prior laws would be 10 years. Although the crime happened in 2008, Edward did not receive his sentence until after the passage of the Fair Sentencing Act in 2010. The judge on his case determined that since the crime happened prior to the passage of the Fair Sentencing Act that his sentencing would be determined by prior laws which meant he would get a minimum sentence of 10 years. Edward challenged this sentence which ultimately ended up in the Supreme Court.

The Supreme Court ruled in favor of Dorsey in a 5-4 decision. The majority court’s opinion was the intention of the Fair Sentencing Act was to restore fairness in sentencing and the only way to do this was to right-the-wrongs of past offenders. They believed this legislation applied to Pre-Act offenders which would change the sentences of thousands across America. If lower courts followed prior laws – they would continue to create disparities that Congress clearly intended to reduce and eventually end. Due to this, the court ruled in favor of Dorsey to make sure the disparities in sentencing would eventually end. Justice Antonin Scalia dissented followed by the other 3 justices writing that Congress did not imply that this law would specifically apply to offenders prior to the implementation of the new law and due to this – they wanted to follow standard protocal which states that the repeal of any statue does not imply that previous people affected by those laws will automatically get the benefits from a new law unless it is specified by Congress.

So what are the implications for social workers and why should we care?

Going back to the Fair Sentencing Act of 2010, under this new law, the ratio for sentencing comparing crack cocaine to cocaine went from 100:1 to 18:1 which means the disparity between the substances is NOT OVER. Thinking about how the substances are the same chemical – it is disturbing to think that crack cocaine still activates sentencing for having lower amounts compared to powder cocaine. It is a social justice issue, which is a core value in the social work profession. Crack cocaine offenders are more likely to be African American which means even though we made progress, these laws are still directly impacting the African American population. If we want to fulfill full equality, drug possession sentencing should be the same for crack cocaine and powder cocaine. This was a step in the right direction. Many people will have a chance to get re-sentenced and future generations will not face the same crucial penalties as they did in the past. It is important to recognize that there is still room for improvement and although we have advanced in our laws, social workers should still advocate on behalf of people affected by drug sentencing, in general. It is also important to note that this legislation was mainly directed towards the crack cocaine disparity. There are still many other laws implemented, that need to be revisited and probably rewritten to address the growing prison population in America.

Attached are additional information/resources regarding this topic:

History of War on Drugs

Dorsey v United States

Disparity in Crack Sentencing

Fair Sentencing Act

 

Is the Travel Ban unconstitutional?

Most of the American population is aware of what happened on January 27th, 2017. The Trump administration made a bold move banning 7 countries (Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen) from traveling to the United States for ‘security’ purposes. This was followed by mass protests across the United States at international airports. The people responded with anger at the administration since refugees, friends and family members were being held at airports and told they were no longer granted access after they went through the process of getting to the United States.  Travel Ban Protests

This obviously was not the end. In less then 24 hours, this ban became one of the most controversial actions of the Trump administration. Many people throughout our country stated this ban was not only discriminatory but also unconstitutional. Thanks to the checks and balances system of our government, the Judiciary branch immediately challenged the President. Many courts across America blocked sections of the travel ban – their reasoning? Unconstitutional. Many people agreed that banning people violates their Due Process and Equal Protections within the Constitution.

This ban seemed like a rush action that was done for publicity within the President’s first 100 days – which typically is focused upon by the media to see if the President follows through with certain campaign trail promises. Throughout Trumps campaign, he constantly dehumanized the entire population of Muslims and pushed them into one stigmatizing category – terrorists. In Trump’s perception – this ban was going to protect citizens from terrorism but did not think of the consequences that would come out of it. Many innocent people were barred from the United States, even some of our fellow classmates and workers who hold legal green cards. This document lumped an entire population and claimed they were all potentially dangerous. Using this wording is extremely dangerous because it puts a stigma onto an entire group of people who are attempting to make an honest living. 

As I stated earlier, the judiciary branch began to intervene. After making it’s way through many courts on February 16th, Donald Trump promised to change certain parts of the travel ban in accordance to federal court decisions. On March 6th, the new travel ban was announced. This new list excluded Iraq from the original countries banned but continued to ban refugees and foreign nationals from entering the United States. This is where it escalated really quickly…

US District Court Judge Derrick Watson of Hawaii agreed to hear a case against the travel ban, and in the meantime BANNED the ban from being implemented until the case was resolved. The Supreme Court eventually took over this case and on June 26th they ruled that some aspects of the ban could go into affect until they could hear the case. People who were still allowed into the United States from these countries during this time are required to have a visa or a bona-fide relationship with a person or entity in the United States. This ban does not even allow you into the United States if you are a grandparent. The Supreme Court is not hearing the case until the fall term though, so the ban might be over before the justices are even given a chance to decide.

So what does this mean for social workers? This ban is dehumanizing. Even the title of the executive order “Protecting the Nation From Foreign Terrorist Entry Into The United States” is giving the people the idea that Muslim = terrorist. It is giving everyone a false perception of people who are themselves trying to escape war. They are attempting to make their lives better and get the basic needs to live which is a human right. We are  ignoring a humanitarian crisis, and barring people for no legitimate reason. The United States has not experienced a terrorist attack from these foreign nations in 40 years! Most recent terrorism in our country has been caused by our own citizens – which would not have been prevented by this ban if it was in place during those attacks. As social workers, we will be working with and for vulnerable people. This is a very, very scary time for Muslims in this nation as their morality is being questioned by the government. If anything, Muslims in this country have a right to fear for themselves more then we have a right to fear of them. It is social workers responsibility to stand up for social justice. It is an injustice that Muslims are not given the free religious liberties that every other citizen has a right over. The government constantly is discriminating against them based on their religion – which this ban entails. Another value of our profession is competence, and not only for ourselves but spreading knowledge to others. As a profession, we should stand up and fight when we see injustice and hate. Hate crimes are on the rise as we can see in this report: Hate Crimes Against Muslims, which shows the reality of their life. It’s time to work together as a population to realize their is no direct threat in an entire race, ethnicity or religion. It is INDIVIDUALS who decide to spread hate. It is our job to make sure that we are protecting the human rights and religious rights of groups that do not define themselves or their moralities with those individuals.

Highly recommend watching: Travel Ban Explained

For more information on this subject, visit the following links:

Timeline of Travel Ban

CNN: Supreme Court allows part of travel ban to take effect

Supreme Court Document on Travel Ban

 

 

Affirmative Action is necessary and Fisher v. University of Texas proved why

On June 23rd, 2016 the Supreme Court of The United States literally threw out Abigail Fisher’s a young Caucasian woman’s argument that she was rejected from the University of Texas due to her race and ethnicity under affirmative action.

Now, before we get into the this subject. We need an understanding of what affirmative action is. A common misconception of affirmative action is that “it makes it easier for minority students to get into college programs compared to their white-counterparts’. Being a student of color, I have heard this argument multiple times. Affirmative action is not a policy that states “you must x amount of students of each ethnicity” it is a well-designed process that attempts to close the racial-gap that still exists in America until this day. The process first involves reaching out to underrepresented groups at schools in attempts to get them to apply, and once accepted-offering financial assistance and educational assistance such as (EOF-educational opportunity fund) in order to increase educational success. The whole point of the policy is to endorse diversity in the student body since many minorities have been underrepresented in higher education until affirmative action was put in place. Diversity is an important aspect of any educational institution especially since the population of America in generally is a melting-pot.

Here’s a short video to explain affirmative action more: Affirmative Action

Why do we need this policy? America has a long history of racial, social and economic oppression. Due to this, students of lower socioeconomic status have less resources to receive higher education. And who falls under these brackets? Typically minorities. Now this does not automatically “discriminate” against Caucasians since anyone can qualify for need-based assistance (such as EOF) when attaining higher education – affirmative action is just an extra step that attempts to close the gap and allow minorities to be able to have the same opportunities as well. Having this policy in place ensures social equity which is defined as having equal access to social goods and services. Equality is good but it does not take into account all of the years of oppression many minorities have faced in this country, having programs that ensure equity do.

Arguments against affirmative action: Of course policies such as these are going to be faced with some critics. People who are against affirmative action typically do not understand what it is all about. Arguments tend to have similar themes that affirmative action promotes discrimination when in-fact the whole point of the policy is to prevent discriminatory practices from happening. In the case of Fisher v. the University of Texas, Abigail Fisher laid out a story of how she was victimized by this system. She claimed that this policy discriminated against her and ultimately led to her denial from the university. Fisher claimed that the policy was in violation of the Fourteenth admendment along with the Equal Protection Clause. This is not the first time a case like this has worked it’s way up the courts. There has been other cases that fought against the ‘quotas’ in affirmative action which was proven to be unconstitutional. The Supreme Court has agreed multiple times though that affirmative action is constitutional as long as it does NOT have quotas, promotes diversity in education and the workplace AND that it’s use is limited. In the case of Fischer v. University of Texas, the Supreme Court Justices ruled 4-3 agaisnt Fisher. Their explanation? The justices explained that educational diversity is important and school’s may have such policies – as long as it is not a quota – to build a diverse body of students that has a concrete and precise goal focused on diversity.

Why is this important to social workers? One of social workers main values in our Code of Ethics is social justice. It is part of our responsibility to fight against policies that further oppress vulnerable individuals. Making sure that affirmative action is protected in the future is something all social workers should fight for. Having this policy in place assists students of disadvantage backgrounds get higher education – many of which we will come across in our work. Making sure our clients have equal access to resources such as education is an important right that every person in the United States should have as an opportunity. It is up to us – and other professions – to make sure that it continues.

For more information on affirmative action and Fisher v The University of Texas please see the following links:

CNN Supreme Court decision

Fisher v University of Texas

Fast Facts on Affirmative Action

Supreme Court Decision

ACLU – Who Supports Affirmative Action

Why You Can’t Be a Social Worker and Support the Trump Administration

With the recent political climate in the previous year, I was surprised the social work profession has not been more engaged or active in the political world. Why you ask? Because it is our responsibility as a profession to protect those who face social injustices everyday. As a young social work student, I am embarrassed that I have come across social workers in our profession who have supported the Trump administration. As a profession, we agree to the terms of our code of ethics which clearly STATES that we are responsible for protecting people who are the very same people being ATTACKED by this administration. Not only does voting for Trump, clearly violate our code of ethics, it makes these social workers hypocrites. We cannot stand for the people we are suppose to service and vote counterintuitive to this belief.

You decided to go into this field to help others, probably because you’ve personally experienced something yourself. We all have our scars and it’s impressive that social workers use their life experiences, to improve others. But by going into this field, you also decided to follow our code of ethics which requires us to follow the values and ethics that our code follows. We can’t pick and choose the situations of injustice we deem a worthy-cause because of our own personal experiences. Doctor’s get to pick and choose which values to follow in their ethical codes? No. So, why should we? We don’t have the decision over what client’s we will work with. It is our responsibility to work with each person to the best of our ability. We will come across all people of different backgrounds, ages, ethnicities, sexualities, etc., no matter what field you work in. It is our responsibility as a social worker to be aware of our biases, and work against them for the betterment of humanity. It is okay to admit our biases, we all have them. We must recognize how this influences our work though, and constantly educate ourselves in cultural competence to improve ourselves. As a social worker, you agreed to stand up for social justice. This means fighting against social injustice. This does not mean you get to pick and choose the injustices that matter to us, this means we are REQUIRED to stand for all who fall under the oppression of our government. It is our duty to overlook our own biases and work empathically with everyone, understanding the FACTS of oppression, racism and discrimination and how it influences the client’s we work with.

Another issue at hand is the fact that many social workers are deciding to go into the clinical field and ignore the macro & social justice areas that are still a part of our profession. Our profession did not start in the clinical field. And although this field is growing and is COMPLETELY necessary aspect of social work, we cannot work clinically with clients without understanding what led them their in the first place. We cannot successfully work with client’s without understanding the external factors such as social injustices, oppression, racism, discrimination, etc. that led them to our practice. If we do not understand these aspects, the client’s will constantly keep coming back because we are not addressing the issue at hand. We need to recognize that sometimes the issue is not what the client is ‘doing’ but it is what the system is doing to them. People often want to blame people for their own problems and the beauty of social work is we are suppose to analyze these problems in a person-in-environment framework. This means understanding that sometimes the system is responsible and our clients are victims of a system that is actively working against them and purposely leads them to failure. If we cannot identify this as social workers, we will not be able to empower these people to move on because they are systematically put in situations where they will fail. This means even clinical social workers are responsible for social justice. Not only is it a required of our ethical code, it is a key aspect in the successful treatment of a client. We can diagnose, medicate and teach coping skills to our clients all we want but these client’s will keep showing up at our doors until the real issues are addressed, the reasons that led them there…the system’s that keep them in a poverty, cut off their access to treatment, ignore the faulty criminal justice system, put lead in their children’s water….Wouldn’t you be anxious too? You can take away the symptoms of mental illness but you can’t take away the realities of their life. 

Now, let’s get down to business. Our responsibility and the implications for the future. We cannot change what has happened already. We cannot go back in time BUT we can surely fight against the policies that the administration is attempting to implement. It is time to rally together, to fight for the people we work for everyday of our lives. We dedicated our lives to working for this profession, which means its our responsibility to live up to our standards. I understand that some people believe that voting for Trump was in their best interest, and they believe that their is a boundary between their professional and personal life. This is not true. Not in this situation. Not when the risks are too high. Ignoring politics or voting for our best interests is PRIVILEGE. We must understand that. We must combat this. This is not about our best interest, this is about the interest of humanity. Our code of ethics follows us wherever we are, from working with clients in our office to eating at a restaurant with our family. You cannot choose the situations to intervene in. If any of us experienced someone facing discrimination in the street, it is my hope that you’d all intervene in the situation when you saw it. Why is it any different with politics? These policies are direct hits on individuals based on their ethnicities, sexualities, etc. This is discrimination in action, on a macro level. Our profession is given the education and tools to recognize these issues, so why are we sitting on it?

It is time to be politically-active. It is engraved in our profession. We cannot be effective social workers without understanding the external factors that lead clients to our offices. We must fight for humanity as social workers.

“If you are neutral in situations of injustice, you have chosen the side of the oppressor. If an elephant has its foot on the tail of a mouse and you say that you are neutral, the mouse will not appreciate your neutrality” – Desmond Tutu