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May 4, 2016

Extended commentary assails prosecutorial power enabled by federal mandatory minimums

Amos Irwin, who serves as Chief of Staff at the Criminal Justice Policy Foundation (CJPF), has this lengthy new Huffington Post commentary headlined "The Laws that Betrayed Their Makers: Why Mandatory Minimums Still Exist."  Here are excerpts that highlight some of its main themes:

[R]ather than serving Congress’s purpose, federal mandatory minimum drug laws actually function as a prosecutor’s tool of interrogation. Since the same prosecutors who select the charges are also trying to extract information, they threaten defendants with wildly disproportionate mandatory minimums in order to force them to cooperate. They are open about this practice. The President of the National Association of Assistant U.S. Attorneys protested in July that if Congress reduces mandatory minimums, “prosecutors would lose a tool to extract information.”

They omit the fact that mandatory minimums are primarily useful for extracting information from the low-level offenders.... There are two problems with threatening long sentences to extract cooperation from low-level drug offenders.  First, this strategy is ineffective in impacting the drug trade. Second, it inflicts immense collateral damage on innocent people and low-level offenders, while letting the guiltiest offenders off more easily — the opposite of what Congress intended...

Federal appeals courts have explicitly approved of prosecutors threatening defendants’ wives with charges that are rarely prosecuted, solely to force the defendants to cooperate. Federal appeals courts have explicitly approved of prosecutors threatening defendants’ wives with charges that are rarely prosecuted, solely to force the defendants to cooperate.  Why would federal prosecutors threaten family members, knowing that they might have to follow through on those threats?  Prosecutors see that the War on Drugs is not working, and many conclude that they need to fight the enemy more aggressively.

May 4, 2016 at 06:59 PM | Permalink

Comments

General thinking of Ausa is:

The beatings will continue until the morale improves. Same logic.

Posted by: MidWestGuy | May 5, 2016 10:33:16 AM

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