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» Human Rights Watch - The week in rights - 5 December 2013
Plea Bargains – is 10 Years Versus Life Fair?
© 2001 Andy Clark/REUTERS Sandra Avery was once a crack user, and had been convicted three times for possessing US$100 worth of the drug for personal use. But she pulled herself together, joined the army, earned an accounting degree, and on leaving the army got a good job. Years later, her life spun out of control. She married a crack dealer and started using again. Then she and her husband were arrested together for selling crack.
The prosecutor offered her a plea deal that could have brought a 10-year sentence, but when she refused, he sought a mandatory sentencing enhancement based on her prior convictions.
So instead of perhaps being locked up for 10 years, she’s in for life, without parole.
In the United States, federal drug defendants who won’t plead guilty pay dearly – if they go to trial they receive sentences that, on average, are three times as long. Not surprisingly, 97 percent of drug defendants are convicted by pleas, not trial.
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