Wednesday, December 11, 2013

Does the "trial penalty" actually thwart justice?

Plea offers have been around since the 1800s and are a well-established and necessary part of criminal practice. But the new mandatory minimums and sentencing enhancements have given federal prosecutors new power to coerce pleas and avoid trials. A prosecutor can now give a minor drug dealer this choice: “Plead guilty to a reduced charge, or go to trial and risk sentencing that will put you in jail for decades.” It’s not hard to understand why so many defendants—whether innocent, guilty, or not quite as guilty as charged—are taking the first option.
Via The Atlantic

Is a right that is so prohibitively punitive to exercise an actual right?

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