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Criminal Law

Golden Gate University School of Law

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2013

Mandatory minimum sentences

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Blame Congress, Not Prosecutors, For The Absurdity Of Mandatory Minimums, Wes R. Porter Dec 2013

Blame Congress, Not Prosecutors, For The Absurdity Of Mandatory Minimums, Wes R. Porter

Publications

Contrary to public perception, prosecutors do not "coerce" or "threaten" otherwise innocent people to plead guilty using mandatory minimum sentences. "Mandatory minimums," as they are called, are minimum terms of imprisonment for specific offenses imposed by statute instead of a judge. Judge John Gleeson of the U.S. District Court for the Eastern District of New York joined the chorus of critics in an October 2013 court statement, when he said that "[p]rosecutors routinely threaten ultra-harsh, enhanced mandatory sentences that no one - not even the prosecutors themselves - thinks are appropriate." Of course, some federal prosecutors do act badly - …