NACDL - The Trial Penalty, Plea Bargains, and Saving the 6th Amendment Right to Trial [Engage & Exchange]

The Trial Penalty, Plea Bargains, and Saving the 6th Amendment Right to Trial [Engage & Exchange]

The ‘trial penalty’ is the substantial difference between the sentence offered in a plea offer prior to trial versus the sentence a defendant receives after trial. This penalty has become so severe and entrenched that virtually eliminates the constitutional right to a trial. Our speakers discuss how “pleading out” contributes to an unjust system, creates a class of people restricted from participating in society, and how to combat it to save the right to a trial.