Jacob Sullum in Forbes: Mandatory Minimums Give Prosecutors the Power to Coerce Guilty Pleas
In 2005 Sandra Avery was arrested for possessing 50 grams of crack cocaine with intent to deliver. That amount, less than two ounces, was enough to trigger a 10-year mandatory minimum sentence. Because federal prosecutors did not offer to reduce the sentence, Avery went to trial. She was convicted and received a mandatory life sentence after prosecutors called the court's attention to two prior convictions for possessing small amounts of crack. Writing in Forbes, Senioir Editor Jacob Sullum explains how that kind of disparity magnifies the injustice caused by mandatory minimum sentencing rules, punishing people more severely for exercising their right to a trial than for violating the drug laws.
Editor's Note: As of February 29, 2024, commenting privileges on reason.com posts are limited to Reason Plus subscribers. Past commenters are grandfathered in for a temporary period. Subscribe here to preserve your ability to comment. Your Reason Plus subscription also gives you an ad-free version of reason.com, along with full access to the digital edition and archives of Reason magazine. We request that comments be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of reason.com or Reason Foundation. We reserve the right to delete any comment and ban commenters for any reason at any time. Comments may only be edited within 5 minutes of posting. Report abuses.
Please
to post comments
At first when I saw the alt-text I thought they outlawed Parmiggiano-Reggiano. Now I'm worried that some dipshit will search my house and mistake my parm-reg for drugs.
I'm still trying to find the alt-text of which you speak.
The history is important. Mandatory minimums were a '70s reform, because there had been a lot of bad publicity about different convictions resulting in wildly different sentences. So the concept was adopted, and then over-applied to drug crimes.
This must be the Friday nut punch.
Because federal prosecutors did not offer to reduce the sentence, Avery went to trial. She was convicted and received a mandatory life sentence after prosecutors called the court's attention to two prior convictions for possessing small amounts of crack.
Fuck those motherfucking jurors and their blind acquiescence to laws and authority.
Educating jury members on their rights regarding nullification would go a long ways towards fixing this problem. Just having one juror vote not guilty in 10% of these victimless drug cases would cause an upheaval in our justice system.