Why the Right to a Fair Trial Doesn't Really Exist for Drug Defendants

[marmar]

Why the Right to a Fair Trial Doesn't Really Exist for Drug Defendants

Sunday, 22 December 2013 10:18
By Crystal Shepeard, Care2 | News Analysis


Sandra Avery is a veteran, having served in the Army and army reserves. A survivor of childhood sexual abuse, she had overcome a crack addiction and went on to earn a college degree, eventually working as an accountant. By her mid-forties, she was married to a crack dealer and selling drugs for him to support her own resurfaced addiction. In 2005, she was arrested and indicted by a federal grand jury for possessing 50 grams of crack cocaine with intent to distribute. She is now serving life in prison.

The severity of Sandra’s sentence had little to do with her possession of a small amount of crack cocaine. She was punished for refusing to plead guilty and insisting on a jury trial.

Earlier this month, Human Rights Watch released a report about how federal prosecutors force drug defendants to plead guilty. The report highlights the devastating effects of mandatory minimum sentencing for non-violent drug offenses. The sentencing requirements cannot be overridden by judges and gives prosecutors incredible power over how much time defendants serve.

As a result, 97% of all federal drug defendants forgo their right to a trial.

This prosecutor power is used regardless of how minor the part the defendant played in the operation. According to the report, “An addict who sells drugs to support his habit can get a 10-year sentence. Someone hired to drive a box of drugs across town looks at the same minimum sentence as a major trafficker caught with the box. A defendant involved in a multi-member drug conspiracy can face a sentence based on the amount of drugs handled by all the co-conspirators, even if the defendant had only a minor role and personally distributed only a small amount of drugs or none at all.” ................(more)

The complete piece is at: http://truth-out.org/news/item/20783-why-the-right-to-a-fair-trial-doesnt-really-exist-for-drug-defendants

[PowerToThePeople]

1. life sentence seems very harsh

Did she kill anyone? I am not a fan of overly harsh drug sentences. I prefer drug-rehab if possible.

In the end, drug and substance abuse issues are a symptom of a much deeper problem. We need to isolate and solve that root problem.

[uponit7771]

2. I heard about this on NPR, the judges should be put in jail or impeached at the LEAST

[pipoman]

3. This is my problem with plea bargaining

Prosecutors file charges not supported by the evidence with excessive sentence possibly, then blackmail defendants into pleas instead of charging them with a crime supported by the evidence. .happens all the time.

[marmar]

4. shameless self-kick