While crime is often associated with the underprivileged, crimes committed by the wealthy and powerful remain an under-punished and costly problem within society. The FBI reported that victims of burglary, larceny, and motor vehicle theft lost a total of $15.3 billion dollars in 2009. In comparison, when former advisor and financier Bernie Madoff was arrested in 2008, the U.S. Securities and Exchange Commission reported that the estimated losses of his financial Ponzi scheme fraud were close to $50 billion.
This imbalance based on class power is also found within U.S. criminal law. In the 1980s, the use of crack cocaine (a less expensive but powerful drug) quickly became an epidemic that swept the country’s poorest urban communities. Its pricier counterpart, cocaine, was associated with upscale users and was a drug of choice for the wealthy. The legal implications of being caught by authorities with crack versus cocaine were starkly different. In 1986, federal law mandated that being caught in possession of 50 grams of crack was punishable by a ten-year prison sentence. An equivalent prison sentence for cocaine possession, however, required possession of 5,000 grams. In other words, the sentencing disparity was 1 to 100 This inequality in the severity of punishment for crack versus cocaine paralleled the unequal social class of respective users. A conflict theorist would note that those in society who hold the power are also the ones who make the laws concerning crime. In doing so, they make laws that will benefit them, while the powerless classes who lack the resources to make such decisions suffer the consequences. Throughout the 1980s and early 1990s, states passed numerous laws increasing penalties, especially for repeat offenders. The U.S. government passed an even more significant law, the Violent Crime Control and Law Enforcement Act of 1994 (known as the 1994 Crime Bill), which further increased penalties, funded prisons, and incentivized law enforcement agencies to further pursue drug offenders. One outcome of these policies was the mass incarceration of Black and Hispanic people, which led to a cycle of poverty and reduced social mobility. The crack-cocaine punishment disparity remained until 2010, when President Obama signed the Fair Sentencing Act, which decreased the disparity to 1 to 18.
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