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.

Incoming NACDL President Martín Sabelli (San Francisco, CA), Debevoise & Plimpton partner Judge John Gleeson (ret.), JaneAnne Murray (Director of the NACDL Trial Penalty Clemency Project and University of Minnesota School of Law Associate Clincal Professor of Law), Mudasar Khan (NACDL Trial Penalty Clemency Project volunteer attorney), and Steven Logan (Manager of NACDL's Return to Freedom Project) give an overview of the trial penalty and provide an introduction to the Trial Penalty Clemency Project.

Iris Eytan, Dru Nielsen, and special guest moderator Martín Sabelli discuss a recent jury trial in Colorado where they had to navigate the new litigation circumstances in this COVID-19 era and all of the challenges that poses for defense lawyers and the individuals facing charges and trials in courtrooms across the country. 

Voir Dire: Part I presented by Martín Sabelli, Law Offices of Martin A. Sabelli, San Francisco, CA

Race Matters I: The Impact of Race on Criminal Justice
September 14-15, 2017 | Detroit, MI

Join NACDL’s President Martín Sabelli for a discussion with advocates who have experienced the trial penalty firsthand, serving excessive sentences after choosing to challenge their case in court.

20^th Annual State Criminal Justice Network Conference
August 18-20, 2021 | Held Virtually

In response to a series of high-profile police killings of unarmed people of color, law enforcement agencies across the country began adopting body cameras as a solution to requests for more transparency and accountability. In order to study the impact of body cameras on the rights of the accused, the National Association of Criminal Defense Lawyers established a Body Camera Task Force comprised of defense attorneys from across the country. [Released March 2017]

NACDL: Jury Trials Not Safe Until COVID-19 Pandemic Under Control [Released June 2020]

National Association of Criminal Defense Lawyers Welcomes BOP Rule Allowing for the Release of Thousands Under the First Step Act – Washington, DC (Jan. 13, 2022) – Thousands will be released from federal prisons over the next weeks thanks to implementation of a rule created by the 2018 First Step Act. The rule, implemented today by the Bureau of Prisons (BOP), allows incarcerated individuals to work toward home confinement or supervised release by completing approved Evidence-Based Recidivism Reduction (EBRR) Programs and Productive Activities (PAs).

National Association of Criminal Defense Lawyers Praises Recent Biden Administration Commutations, Pardons, and Reentry Initiatives, Calls on White House to Increase Clemency Grants – Washington, DC (April 26, 2022) – Today, the Biden administration granted three pardons, commuted 75 sentences, and announced a series of initiatives to support meaningful second chances for formerly incarcerated individuals. These initiatives include job training for those incarcerated in federal prisons and expanded access to critical services such as education, healthcare, and housing for those returning...

On the Second Anniversary of George Floyd’s Murder, Nation’s Criminal Defense Bar Calls for Renewed Focus on Reform – Washington, DC (May 25, 2022) – Two years ago, Minneapolis police officer Derek Chauvin knelt on George Floyd’s neck for 8 minutes and 46 seconds, shocking the nation and setting off a renewed wave of calls for reform of police use of force against people of color.

Expanding the Reach of Criminal Laws Without Increasing the Burdens on the Prosecution

Many voices have sounded the alarm and are mobilizing to untangle the complex web of laws, rules, and culture that authorize coercive plea bargaining practices.

We tell ourselves that we are protected from government abuse by a system of jury trials in which jurors decide guilt or innocence and judges determine sentences. What is the reality? We have abandoned the system of public jury trials established in the Constitution and Bill of Rights in favor of a shadow system of guilty pleas driven by the logic of prosecutorial power.