Our American penal system is big business.  Those who build and operate prisons, vendors who service them and politicians who pave the way forever more of them all share a stake in keeping prisons fully stocked with a steady stream of inmates.  The financial wheels turning the system are particular relevant when you consider that our nation now outpaces all others in the number of its citizens it imprisons.  As usual, the most vulnerable populations suffer most harshly under the weight of this broken system.

One out of every eight African American males is locked up.  Over 60% of all U.S. prisoners are minorities.  Many of these inmates perpetrated heinous crimes and deserve to serve every day of their terms.  But the swelling population of non-violent offenders and the persistent racial disparities in sentencing cannot be dismissed solely as immorality. 

Instead, a carefully crafted system intentionally targets certain offenses with vigor and assigns them particularly lengthy sentences.  Under this system, minorities and the poor are “low hanging fruit,” easily swept into a net difficult to escape.  Ironically, while a dearth of economic opportunity often lures poor minorities into drug activity; major sectors of our economy reap huge dividends from their high levels of incarceration.   

Fortunately, the winds of change have begun to stir in Washington.  In April and May, House and Senate subcommittees held hearings to discuss eliminating the 100-1 sentencing disparity for crack versus powder cocaine offenses.  The Obama administration favors eliminating this disparity, which assigns a 5 year prison sentence for intent to distribute 500 grams of powder cocaine, but mandates the same 5 year sentence for as little as 5 grams of crack cocaine. 

Harsh penalties for selling small amounts of crack cocaine disproportionately impact African-Americans, including many first-time offenders.  These low-level sellers often have substance abuse problems of their own, and are not the kingpins responsible for flushing poison into our communities.  The U.S. Sentencing Commission, Department of Justice and many law enforcement officials around the country have acknowledged that the current structure misappropriates resources needed to aggressively pursue high-level dealers.

Change is in the air, but the fight will not be easy.  Entire business models of powerful interests are predicated on the availability of ample crops of inmates who can be detained for as long as possible.  Fostering among us a climate of irrational fear, legislators have gotten away with passing “tough on crime” legislation targeting communities with the least economic, social and political capital.

The United Church of Christ has more than 5,700 churches throughout the United States.  Rooted in the Christian traditions of congregational governance and covenantal relationships, each UCC setting speaks only for itself and not on behalf of every UCC congregation.  UCC members and churches are free to differ on important social issues, even as the UCC remains principally committed to unity in the midst of our diversity.

06/29/2009