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The truth about mandatory minimums
- Justices no longer control sentencing. By the time a case reaches the judge, law enforcement actions and prosecutorial charging choices define the judge’s decision.
- The charge – usually the type and weight of drug – determines sentence length. Congress established a drug quantity or weight that would trigger mandatory minimum sentences, and some states have followed suit.
- Judges can’t consider the facts of each case or the individual’s role. Judges cannot take into account the circumstances of the case, the person’s role in the offense or the likelihood of rehabilitation.
- Conspiracy laws make those at the top and those at the bottom of the drug trade equally culpable. All co-conspirators – regardless of their role – can be sentenced based on the type and weight of the drug involved in the entire conspiracy.
- Mandatory minimums encourage and reward those who inform on others. Providing information to prosecutors is the only way a defendant can reduce a sentence.
- Mandatory minimums are rarely imposed on drug “kingpins.” Because those at the top of a conspiracy usually have more information to trade, they receive lighter sentences than those at the bottom of the drug trade.
- Mandatory minimum sentences cost taxpayers over and over again. The annual federal prison budget has reached $4.5 billion – $23,000 a year for each prisoner – yet mandatory sentencing laws rule out more cost-effective drug treatment.