Those who make that argument--those who suggest that by passing this bill we would reduce the bargaining power of prosecutors-- are mistaken. The sentencing commission data on this point shows that the longer a mandatory minimum sentence is, the more likely a defendant is not to plead guilty and to cooperate and instead to insist on going to trial. Sentencing commission data also showed that rates of cooperation for crimes that have no mandatory minimum sentence are the same and even higher for drugs that do have rigid mandatory minimum sentences. The reality is that defendants are most likely to cooperate when they have information to give. That is why high-level drug offenders receive relief of mandatory minimum sentences at much higher rates than lower offenders. Defendants who organize or manage a drug trafficking enterprise have the most information with which to bargain as they enter into discussions with prosecutors. Low-level offenders who have less responsibility and less knowledge often don't have much information to offer, no matter how long a mandatory minimum sentence they might face in a particular case. Judge William Wilkins, who was appointed to the bench by President Reagan and served as the first chair of the U.S.…
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