Sullum reveals how mandatory minimum sentences translate into mandatory guilty pleas for those facing drug charges:
A recent report from Human Rights Watch highlights the tremendous pressure to plead guilty that mandatory minimum sentencing laws put on defendants like [Lulzim] Kupa. The pressure is so intense that only 3 percent of federal drug offenders exercise their Sixth Amendment right to a trial, down from about 15 percent before Congress began enacting mandatory minimums in the 1980s.
Prosecutors have long offered lenience in exchange for guilty pleas; that is what makes such arrangements possible. But the huge differences in punishment documented by Human Rights Watch make demanding a trial so risky that almost no one chooses that option.
The prosecutorial power to multiply penalties at will magnifies the injustice that results from rigid sentencing rules tied to drug weight. Even if a 10-year sentence were an appropriate penalty for a cocaine dealer, a life sentence plainly would not be appropriate for the same defendant.