The Threat of Severe Prison Sentences Forces Guilty Pleas in Drug Cases

Post Date: December 5, 2013

The federal penitentiary in Terre Haute, Indiana

(Human Rights Watch Release) — Federal prosecutors routinely threaten extraordinarily severe prison sentences to coerce drug defendants into waiving their right to trial and pleading guilty, Human Rights Watch said in a report released today. In the rare cases in which defendants insist on going to trial, prosecutors make good on their threats. Federal drug offenders convicted after trial receive sentences on average three times as long as those who accept a plea bargain, according to new statistics developed by Human Rights Watch.

The 126-page report, “An Offer You Can’t Refuse: How US Federal Prosecutors Force Drug Defendants to Plead Guilty,” details how prosecutors throughout the United States extract guilty pleas from federal drug defendants by charging or threatening to charge them with offenses carrying harsh mandatory sentences and by seeking additional mandatory increases to those sentences. Prosecutors offer defendants a much lower sentence in exchange for pleading guilty. Since drug defendants rarely prevail at trial, it is not surprising that 97 percent of them decide to plead guilty. Read more